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new2Divorce
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Reged: 03/17/11
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Concidering Divorce
      #737008 - 03/17/11 11:58 AM

My story: I live in Florida. I've been married almost 24 years now. I'm just miserable and want out. Our youngest of 2 is graduating from high school in May and we will be sending him off to college this August. I'm thinking this would be a good time to end things with my wife... We are both in our early/mid 40's (married when I was 20 and she was 18). My wife works '3/4 time' (she is a teacher) and makes a little over 40k a year. I work full time and make between 130k - 160k per year depending on bonuses. I figure I'll be paying alimony and I know no one can predict for sure how much but any ballpark ideas?


Does anyone know what happens with alimony when it's time to retire and income generally goes down? Do alimony payments go down too? Again, I'm not looking for exact figures just some kind of rough idea.


Any advice on things to do before/after I file?


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Maury
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Re: Concidering Divorce [Re: new2Divorce]
      #737011 - 03/17/11 12:21 PM

Any analysis of spousal support would depend on many things including: (1) the health of the parties; (2) sacrifices to career , if any, made during the marriage; (3) the availability of full time teaching positions or other earning capacity considerations; (4) the marital debt); (5) the standard of living the parties enjoyed during the marriage; and (6) the financial resources including property settlment and income accruing accounts awrded to the parties in divorce.

Given the disparity in income, the length of the marriage and assuming the parties are working at their potential, I suspect that permanent maintenance will be sought and may be likely. Of course, that can be negotiated and "bought out" by a disparate property settlement favorable to your spouse.


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new2Divorce
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Reged: 03/17/11
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Re: Concidering Divorce [Re: Maury]
      #737013 - 03/17/11 12:39 PM

Thanks for the reply. I was just trying to get ball park numbers. Sounds like a lot more information is needed to even get those. We are both healthy BTW.

What about retirement? Is alimony generally re-adjusted for retirement?

Also, from your responce it sounds like it is possible to wheel and deal a lot with alimony give both sides agree (unlike CS).


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Maury
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Re: Concidering Divorce [Re: new2Divorce]
      #737015 - 03/17/11 01:09 PM

Permanent spousal suport is somewhat of a misnomer. Spousal support may always be modified, even if designated as permanent, if there is a substantial change in circumstance (eg. increased or decreased earnings or expenses for either party). The only time that is not so, is if the parties agree that the award is non-modifiable.

It is impossible to come up with a number until your start a detailed review of budgets, income earning asets, and earning capacity. On top of that, each state, and often, each Judge, may vary in their approach.


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yregna
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Re: Concidering Divorce [Re: new2Divorce]
      #737031 - 03/17/11 02:25 PM

LOWER your income NOW ! Otherwise you are screwed forever. Or empty the accounts, mortgage the home, and take everything away in cash.

You are in a financial prison / slavery position. Almost feel sorry for you. Can you threaten your stbx enough to get her to forgo alimony ? After all, the most dangerous person is one forced into a corner. You are on the hook for the rest of your life.

For her, marriage is workin' out sweeeeeeeet !

Maybe this is what Maury means when he says " investing in the marital relationship " eh ?

--------------------
"Anything free is worth what you pay for it..."
"Climate is what we expect, weather is what we get"


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Maury
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Re: Concidering Divorce [Re: yregna]
      #737034 - 03/17/11 02:28 PM

Lowering your income now will expose you to arguments that you are self limiting your income. You would likely lose credibility in court if that appears clear.

Raiding cash accounts is even easier to trace and could likely backfire.

I would ignore bad advice from a person whose view is clouded by anger and ignorance.


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hanzblinx
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Re: Concidering Divorce [Re: Maury]
      #737051 - 03/17/11 03:57 PM

Well in Colorado temp orders require 40% of your gross minus 50% of her gross. So your worse case scenario is about 3k/month. But it will be less. I'm guessing something like $1500/month for 12 years as my uneducated guess.

In my case my ex was SAHM making $0/year and I was making 100K. She got $1000/month at temp orders and $800/month final orders. She married her f-buddy within 10 months, so I didn't pay long. Maybe your wife will get married too.


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Goodmom
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Re: Concidering Divorce [Re: new2Divorce]
      #737104 - 03/18/11 06:11 AM

You stated that your stbx only works a 3/4 time job, is that because of the school hours? Or is she actually only teaching part of the school day? At that salary, I would be surprised if she is only teaching part of the school day.

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yregna
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Re: Concidering Divorce [Re: Goodmom]
      #737120 - 03/18/11 11:28 AM

The guy remodeling my other home doesn't pay alimony, 'cause I pay him in cash. Lowering your income can work for some people.

Empty the accounts, sell the cars, quit your job, and live in a camper for a few years. What the heck is your ex going to do, track you down in northern wyoming ?

I do hope you see the irony of her " return on investment " in the marriage. She just wants to cash out, and the time is ripe, eh ?

--------------------
"Anything free is worth what you pay for it..."
"Climate is what we expect, weather is what we get"


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finz
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Re: Concidering Divorce [Re: Goodmom]
      #737152 - 03/18/11 05:53 PM

[quote]You stated that your stbx only works a 3/4 time job, is that because of the school hours? Or is she actually only teaching part of the school day? At that salary, I would be surprised if she is only teaching part of the school day. [/quote]

***********************************************

I think he is referring to teaching fulltime as a 3/4 job because of the school vacations and summers off.


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