WisRes
journeyman
Reged: 06/15/10
Posts: 62
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I have filed for divorce after 14 years. During that time, my husband voluntarily, against my wishes, reduced his income by 75%, I have the same job. He is now an alcoholic and seeking spousal maintenance. Our incomes differ by about $10,000/year. Anyone have any idea how much I could get stuck paying him?
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yregna
veteran
Reged: 07/25/06
Posts: 1265
Loc: Oregon
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Women don't pay SS, men do, it is just that simple. Unless there is a huge difference in income.
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"Anything free is worth what you pay for it..."
"Climate is what we expect, weather is what we get"
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WisRes
journeyman
Reged: 06/15/10
Posts: 62
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In Wisconsin either party can pay SS. There is not a huge difference in income, but he has the "disease" to fall back on, so I know I will be paying. I guess I just wait for how much and how long.....
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ILMimi
addict
Reged: 01/03/08
Posts: 502
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My ex was an alcoholic and drug addict. In fact, in IL, those are fault grounds. So don't think your STBX's "disease" will be helpful to him. In fact, he could get help to overcome his disease and is choosing not to. This will not help in the judgement.
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WisRes
journeyman
Reged: 06/15/10
Posts: 62
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WI is no fault. I think he is going to AA and counseling. The drinking has never affected his ability to work but I know I will never be able to prove it. I keep looking for reassurance that I won't get wiped out financially! He is planning to keep the house too.
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1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 10098
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$10,000 a year is not a huge disparity in income at all. Even if you were to "equalize/equitable" that, you'd pay him about $4000 year in alimony, which is tax deductable to you and taxable to him. Taking the tax deduction into consideration, it comes out to be about $250 a month. You can fight it or just pay it to him for 5 to 7 years and be done with it. If I were you, I think I'd just pay it and put an iron-clad remarriage/cohabitation clause in there. Chances are he'll remarry or live with someone and you'll probably get out of it early.
Why is he keeping the house? Are you agreeing to that or is that what he's telling you is going to happen?
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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$10,000 is not much of a disparity and likely is not a spousal maintenance case. That is certainly true if the last job was a volutary quit. Wisconsin, however, has case law that suggests after 20 years, the presumption starts at an equalization of income.
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WisRes
journeyman
Reged: 06/15/10
Posts: 62
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I plan to fight it all the way. I am a parttime student now, along with fulltime employment and am working towards RN and Paramedic degrees. If I have to pay him for 5-7 years, I will not be able to finish school. I would rather pay him off in a lump sum, if possible, no matter what it ends up to be. He's just telling me he's going to try to keep the house. I don't think there's a financial way in hell he can do it. He could buy me out with assets, but he wouldn't have enough left to live on. I'm not feeling so good about being a responsible person right now! Seems it's easier to sit on your butt and let others support you.
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Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
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If you were ordered to pay alimony, why would HE be buying YOU out in assets? Either pay the alimony or give him the assets in exchange. He's be smart to take it in one lump sum.
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WisRes
journeyman
Reged: 06/15/10
Posts: 62
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I haven't been ordered yet, but it's a joint marital property state, so we will be splitting the assets/debts and then I will be paying on top of that. I'm hoping I get away with a lump sum.
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