yellowdalmatian
recently joined
Reged: 01/15/08
Posts: 4
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I have been seperated from my husband for 18 months. I will be married 10 years in June 08'. I have not worked in 6 years. The house is up for sale. I have not asked for any support from him legally speaking since he pays out almost 3,000 a month in morgage and household expenses. He gives us 150.00 a week most of time for food and gas. Once the sale of the house though....what should I expect in forms of alimony or spousal support and child support. Do I have a good chance of receiving spousal support at all? Facts: I don't have a college degree, havent worked in 6 years, children are 8 and 5 years old. Husband makes 80,000 a year. Also what should I do with the equity from the home sale? We havent reached an agreement at this point for monetary compensation.
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helaurin
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Reged: 02/20/08
Posts: 1
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You've got a lot of questions and should be talking to a lawyer. I'm not one, but I can tell you what I know based on my own pending divorce from my current marriage, my divorce from my prior marriage, as well as the pending divorce of two coworkers of mine.
Prior to a divorce being finalized, the lower-wage-earner has the right to ask for something that equates to pending-alimony (not the correct legal term, but a lawyer will know what I mean). In Pennsylvania, actual spousal support after the divorce decree is calculated based on the time period from the marriage date to the separation date. Based on what you said, spousal support would probably be calculated on about 8 years of marriage, which would probably only give you about 3 to 3.5 years of spousal support. The support your husband is giving you now might actually count towards the two years. Generally speaking, the formula for spousal support is basically 40% of the difference between the spouses' net income. If you husband makes about $80K/year, then figure his net income is probably about 75% of that 80k, or about $60k/year. If you have zero income, then 40% of $60k is about 2,000 per month for spousal support. I can't advise you on how child support is figured. It would be a good idea for you to talk to a lawyer to find out your rights, as well as to prepare you for the likelihood that you will need to prepare to re-enter the workforce. You may very well find yourself soon only having child support and some percentage of equity from the house, which may be as much as 60% of the net proceeds from the sale. I wouldn't count on your spouse supporting you and the kids forever. Even if he's good-hearted and means to provide support to the kids, things happen. YOU are the one who has to prepare yourself to support yourself and your children, should the worst happen. I know that's not a popular opinion with many divorced or soon to be divorced women, but it's my opinion, and yes, I am a woman. That might mean taking your share of the equity and using a part of it to prepare to enter the workforce by going back to school for something that allows you to earn money quickly, such as being a dental technician, or administrative assistant. Check out the local community college, many have programs for women to explore how to reenter the workforce. Your re-entry job doesn't have to be your ideal dream job - but with luck it may be something you can use to try to get medical insurance for yourself and your children, access to a 401K and/or pension plan to build towards retirement, and if it's a large employer, tuition reimbursement so that you could go back to college on your employer's dime. You might also ask your lawyer to include a requirement that your husband maintain life and disability insurance on himself until the youngest child is either 18 or 21, with you as the guardian. Not saying your husband is going to die or become disabled, but if he does, you want to have the financial resources to continue to care for your children.
Hope this helps!
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cohabitation
recently joined
Reged: 01/17/08
Posts: 7
Loc: PA
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One question I need help with on this topic:
Can there be a change in support if the spouse who is claimimg or getting support starts living with a member of the opposite sex?
Thanks
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4inchalla
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Reged: 11/02/08
Posts: 8
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yes, unless otherwise stated in the PSA
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