Advice requested for husband of 27 years

Posted by: TwFifties

Advice requested for husband of 27 years - 10/24/16 09:08 PM

I am considering a divorce from my wife of 27 years. My income is less than 60,000 a year, hers is around 12,000. Our home would be paid for in another 5 years and is our only debt. Health insurance, through my employer, covers the two of us plus our two adult children. I have no problem losing my investment in the house, I just want out. What am I looking at financially? Alimony? Other financial fees and punishments? Thank you for your input.
Posted by: MinnesotaMom

Re: Advice requested for husband of 27 years - 10/24/16 11:33 PM

You will split all assets (home, your retirements, investments, cash, ect., all that has been accumulated during the 27 years. If your wife's income has always been as it is or lower and she doesn't have marketable skills, a 27 year marriage probably most often results in lifetime alimony. As for health insurance, you won't have to cover her once divorced.
Posted by: mskelly

Re: Advice requested for husband of 27 years - 10/26/16 12:25 PM

Not quite so.... It really depends on what is negotiated between the two of you and if you have to get the courts involved, then it will depend on what the Judge determines to be fair and equitable. Oregon is not a community property state, so that does not necessarily mean 50/50.

You could be ordered to pay for her insurance policy and medical expenses (that happened in my husbands case with his ex). Again it all depends on what you two can negotiate and/or what the courts see fit for your case.

There are two types of alimony lump sum and periodic. Lump sum is a one time payment and by you agreeing to let her have the home and all of the equity in it, that could be considered her lump sum alimony. Period is usually awarded for a set time or it could be awarded for the ex spouses lifetime or until remarriage. However, she could be awarded the home and all of the equity in it AND still be awarded period alimony (this is what happened in my husbands case with his ex as well). Each case is different and each court looks at each case differently.

All of this said..... Your best bet is to try to negotiate with your wife now and try to come up with something that is fair to both of you because trust me when I say this!!!!! The courts are supposed to be fair to both and look at what is the most fair and equitable to both spouses, they are not supposed to leave one destitute but it doesn't always turn out that way. My husband was left with no financial means to support himself after his ex was given the home and all of the equity in it (as well as all of the utilities and upkeep of the home), all of her insurance and medical expenses paid and an automobile .... which amounted to every penny he made.
Posted by: MinnesotaMom

Re: Advice requested for husband of 27 years - 10/27/16 10:50 PM

Oops! I forgot that Oregon is equitable property state.