lando
New
Reged: 05/05/08
Posts: 1
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Been married for 4 and a half years. I make about 50k a year, wife makes about 40k a year. Anybody have a guesstimation as to what I would have to pay in spousal support if any?
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Samsung
Platinum
Reged: 06/14/07
Posts: 2130
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none
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Jada
Platinum
Reged: 06/02/07
Posts: 3341
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Short term marriage, incomes are similar, I don't think there will be any spousal support ordered. What you may end up with is temp support during the divorce so that marital bills/debt get paid while you split any assets that you and your stbx have.
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tiredofnagging
Gold
Reged: 05/09/08
Posts: 157
Loc: Las Vegas, NV USA
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Here's a real "what if"....if I were to come into any sum of money irrespective of any effort from my wife, am I obligated to share any portion with her, other than child support?
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Jada
Platinum
Reged: 06/02/07
Posts: 3341
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Depends on where the money comes from. If you are still married and haven't filed for divorce, any winnings from the lottery, any bonus from work is considered a marital asset.
A gift from your family or an inheritance is not.
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jbar
Platinum
Reged: 12/16/06
Posts: 1015
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If you are still married and haven't filed for divorce, any winnings from the lottery, any bonus from work is considered a marital asset.
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If you have any sudden windfalls like these, try to defer them or change their form. See if the bonus can be taken as a stock option, or if the lottery winnings can be taken as a long-term payout over a number of years. At least these approaches can make it problematical for her to grab your money. If you do not live in a "community property" state, filing seperately may preserve the seperate property status of the assets. This may be the thing to do in any case, as you would probably not save any money by filing jointly, it being that your incomes are in the same range.
This kind of nonsense lays bare the utter bankruptcy and foolishness of "marital property" law in this day and age. How could your spouse logically have contributed anything to the lotto win, if the ticket were bought with seperate funds? How could she have contributed anything to your award of the bonus, if it was exclusively the result of your own hard work?
"make everything as simple as possible--and no simpler."
...Albert Einstein
Edited by jbar (05/12/08 12:03 AM)
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Jada
Platinum
Reged: 06/02/07
Posts: 3341
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Uh, the only problem with what you are naively suggesting is that stock options that are granted during the marriage are subject to division.
As for the lottery winnings, if it was won during the marriage (and before the divorce was filed), the ENTIRE amount that was won is subject to division. Having it paid out over a number of years isn't going to change that.
And filing separately isn't going to change the status of marital property. What is bought during the marriage is subject to division. Regardless of marital status.
Oh, and deferring a bonus isn't going to work either. All it will do is piss the judge off.
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Jada
Platinum
Reged: 06/02/07
Posts: 3341
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"And filing separately isn't going to change the status of marital property. What is bought during the marriage is subject to division. Regardless of marital status."
That last sentence should be: Regardless of filing status.
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