Getting Divorced - Wife unemployed..

Posted by: cjohnso33

Getting Divorced - Wife unemployed.. - 11/13/17 09:47 PM

Hi - i'm divorcing wife of 10+ years, 3 kids. She is unemployed, making finances extremely difficult. She has an advanced degree to practice law, but appears unmotivated to seek employment. I currently pay for everything (her rent + mine at new home). This is unsustainable given my annual salary.

Any insight as to how this will play out and/or how best to proceed?

*in California.

Thanks in advance!
Posted by: MinnesotaMom

Re: Getting Divorced - Wife unemployed.. - 11/13/17 10:42 PM

You don't have an attorney? You need one yesterday. You should have never moved out, or served her immediately if she moved out. You should not be paying her bills. She are setting precedent to keep paying....by continuing to pay.
Posted by: cjohnso33

Re: Getting Divorced - Wife unemployed.. - 11/13/17 10:51 PM

Thx for the response. I can't afford an attorney. Its a ridiculous situation, i know... but i literally have zero extra money.
Posted by: matilda

Re: Getting Divorced - Wife unemployed.. - 11/14/17 04:20 AM

There are many lawyers that will give you a free initial consultation. It is very important that you take the time to see a lawyer. As a previous poster stated you are setting precedence.
Posted by: MinnesotaMom

Re: Getting Divorced - Wife unemployed.. - 11/14/17 12:30 PM

You can save a few thousand now by not getting an attorney and you can expect it to cost anywhere from tens to hundreds of thousands later. It's up to you. A consult is anywhere from free to a couple hundred dollars.

Where are the kids residing right now? Do you have a child support order in place? To give a rough idea what you should be paying, what percentage of the time do you have the children and what is your annual income? You can send this in a private message if you like. You should not be sending anymore than would be court ordered, going by the requested info. Your unemployed wife will be working soon. Staying home and not working with her credentials is perk of marriage, which is now over. Unless you are a very high earner, you shouldn't be paying alimony.
Posted by: cjohnso33

Re: Getting Divorced - Wife unemployed.. - 11/14/17 07:05 PM

Hi MinnesotaMom - I PM'd you. thanks!!!
Posted by: MinnesotaMom

Re: Getting Divorced - Wife unemployed.. - 11/15/17 01:02 PM

I didn't get any messages. I sent a PM for you to respond to.
Posted by: cjohnso33

Re: Getting Divorced - Wife unemployed.. - 11/15/17 09:27 PM

I responded. Do you see it?
Posted by: MinnesotaMom

Re: Getting Divorced - Wife unemployed.. - 11/17/17 06:00 PM

I responded a couple days ago, but I can see it's unread.
Posted by: TJMH

Re: Getting Divorced - Wife unemployed.. - 11/19/17 05:30 AM

First, most lawyers take credit cards. And as MM said, if you think a lawyer is expensive just wait until you see what it costs not to have one. You can save money by representing yourself but you at least need to consult with a lawyer to know what you need to do.

If your wife is capable of supporting herself but is voluntarily unemployed or underemployed you can get her imputed with income and have that considered in calculating child support and spousal support.
Posted by: cjohnso33

Re: Getting Divorced - Wife unemployed.. - 11/21/17 01:09 AM

Thanks TJ!!!
Posted by: TJMH

Re: Getting Divorced - Wife unemployed.. - 11/23/17 03:48 PM

You're welcome. A couple of questions:

First, what's the status of your divorce? Have papers been filed? Are you paying under temporary court orders, or just voluntarily?

Second (and this should probably be first if we're going in priority order), what's the status of the kids? Who has physical custody? Are they being provided for? You'll need to recognize that if they're young and mom is primary caregiver, that impacts her ability to work and would feed into any imputation of income to her.