Start Your Divorce Today - Premium Divorce Online

Topic Options
#740647 - 01/15/12 05:19 PM Need some suggestions
azgal67 Offline

recently joined

Registered: 01/15/12
Posts: 1
My husband of 14 years just announced he wanted a divorce and was planning on moving out. We have no children together.

I had the opportunity to promote over 12 years ago, but he did not want me to and threatened divorce if I did (he wanted me to keep my job, and be available to take care of his children when they were with him on their vacations.

Needless to say, I did not promote as I wanted to make this marriage work.

Now, he makes 120,000 a year and I make 39,000.00 a year in AZ. His child support ends July 2012 (which is why I suspect he is going to file for divorce).

I believe since my income could be doubled what I make now except for the fact that I didn't take the promotion because of him.

He says that he'll take the debt (which is his) and I take my debt and we go our separate ways. I think since I gave up the chance to make more money, he should be more financially responsible than what he's offering.

Any suggestions until I can talk to any attorney in a couple of days?

Top
#740648 - 01/16/12 03:10 PM Re: Need some suggestions [Re: azgal67]
Renny Offline

addict

Registered: 09/24/11
Posts: 479
This information on spousal maintenance in AZ is available online:

In Arizona the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Superior Court will order support from one spouse to the other on a case-by-case basis as follows:

The court will consider the following factors when making an appropriate maintenance award: 1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse’s reasonable needs. 2. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient. 3. Contributed to the educational opportunities of the other spouse. 4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient.

Without regard to marital misconduct, and after considering all relevant factors, including: 1. The standard of living established during the marriage. 2. The length of the marriage. 3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance. 4. The ability of the spouse from whom maintenance is sought to meet that spouse’s needs while meeting those of the spouse seeking maintenance. 5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market. 6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse. 7. The extent to which the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the benefit of the other spouse. 8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children. 9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet that spouse’s own needs independently. 10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available. 11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. 12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved. 13. All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim. (Arizona Statutes - Title 25 - Chapters: 319, 322)

++++++++++++++++

Arizona is a community property state, meaning property acquired during the marriage is marital property unless it fits the definition of "separate property" 25-213.

What I note here is a marriage of medium duration and the disparity in income. I don't think the "missed promotion" argument will carry any weight.

Top
#740649 - 04/08/12 07:36 PM Re: Need some suggestions [Re: azgal67]
JCB Offline

recently joined

Registered: 08/21/10
Posts: 11
It's not his fault you did not take the promotion. It's yours for giving in to threats of divorce. Pay back the the money you spent that you did not have.

Top
#740650 - 04/10/12 07:10 PM Re: Need some suggestions [Re: JCB]
Rayanne Offline

recently joined

Registered: 10/14/11
Posts: 8
Loc: Terre Haute IN
JCB: although what you say may be accurate, but the fact is that she was trying to keep peace inside her home by not taking the promotions. He put the fear in her, in which he never should have done in the first place. It may not be entirely his fault, but he is to blame for at least part of it simply because he wanted to be the bigger honcho in the matter. She was simply being a dutiful wife.

If it is a debt that was acquired after you were married, it is typically looked at as a marital debt, which means it belongs to both of you. The better thing to do is probably divide it in half as best you can.
_________________________
Read My Divorce Blog: [censored]://virginiamilitarydivorce.blogspot.com/

Top
#740651 - 03/17/16 12:22 PM Re: Need some suggestions [Re: Rayanne]
atorneywichita90 Offline

recently joined

Registered: 03/17/16
Posts: 5
accept the promotion and get free from him. You have ability to earn bread and butter for you child. Let him go.

Top
#740652 - 04/01/16 08:28 AM Re: Need some suggestions [Re: atorneywichita90]
MinnesotaMom Online   content

old hand

Registered: 01/05/11
Posts: 792
[quote]accept the promotion and get free from him. You have ability to earn bread and butter for you child. Let him go. [/quote]

What are you smoking? You are replying to a post from 2012.

Top

Moderator:  dsAdmin 


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: