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#772972 - 02/04/17 02:17 AM Was my offer fair?
Bugdsby Offline
recently joined

Registered: 02/04/17
Posts: 1
Me and my wife were married for 5 1/2 years. I bought the house before being married and were even broken up for a year before getting back together and marrying. She became injured requiring 3 hip surgeries and then was rear ended and has had 2 back surgeries and a neck surgery. We were filing for disability but it has not been approved yet. I offered to sell the house, wipe out all the debt. Split the remaining money which I am guessing will be 20k each and go our own ways. She said what about alimony and your pension. She wont even give me a number because she is afraid of lowballing the figure.

She says she wants to be able to afford her own place not rent, utilities covered and some extra left over. I Even offered her 40k which is all the money gained from selling the house and her response was "what about alimony and pension"?

My goal is to lump sum the thing and be done. She claims she will never work again so she should get more. I think there are jobs out there she can do but I want to avoid a costly legal battle. We are paycheck to paycheck as it is. I want to be fair but not get hammered.

No kids together, 19 year old step daughter never adopted. Already borrowed from my pension to pay bills once. still paying that off. I was told by lawyers I can have half be disability lump some but not the monthly payment. She says I cant touch it. I was willing not to touch it either way as a bargaining chip to sweeten the deal.

We live in Nevada. Sorry for all the info but talking to lawyers I have found one thing changes another. I mean walking away with 40k and her disability when she gets it I figured was fair. Or am I missing something?

One attorney said selling and splitting the house and not touching the SSI lump some was fair.

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#772980 - 02/04/17 04:44 PM Re: Was my offer fair? [Re: Bugdsby]
TJMH Offline

enthusiast

Registered: 07/17/15
Posts: 347
If she's the one disabled it seems like she should be the one to get all of the disability money (lump sum and monthly), no?

If pension was earned during the marriage she probably is entitled to a share (50% of what was earned during the marriage). If you're talking about 401k or IRA that would probably be a lump sum transfer, if it's defined benefit she should get paid her share as you get paid.

As for alimony if your incomes are very different she could probably get you tagged with some. If you think she has more income potential despite her disability that she's choosing not to pursue you could likely get lower alimony but you'd have to convince a judge that she's voluntarily underemployed - that she has skills/abilities AND that there's a job market for those skills. If she's got significant disabilities (and depending on her age, prior employment history, education, etc.) that could be a tough thing to prove. And you could also get tagged with cost for retraining and rehabilitation.

So my honest assessment (not a lawyer and don't know NV law) is that you're kind of low-balling. Put yourself in her position, would you be able to live comfortably,
pay bills and eventually retire on what you're offering?

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#772984 - 02/04/17 05:29 PM Re: Was my offer fair? [Re: Bugdsby]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 792
"Put yourself in her position, would you be able to live comfortably,
pay bills and eventually retire on what you're offering?"

Only being married 5.5 years, he's not responsible for her retiring.

Splitting any gains in the home value and retirement appreciation while married is appropriate. Their marriage was too short for her to get any of his SS later, but it appears, since she is applying for SS she has work history.

I'd offer no alimony if she gets SS. If not, then it's possible rehabilitative for a couple years as she will have to work again to survive. Max alimony in a 3-20 year marriage in NV is 1/2 the length of the marriage.

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