gigi
Platinum
Reged: 11/06/06
Posts: 4839
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With such a short term marriage & no kids, in my state, you'd probably not have to pay support at all. If you paid anything at all in our state, it'd probably be more like $330 for a 15 months with a MAX of 2.5 years... Not fair, but if you think that she's got to learn to live without as much as she could afford when she was with you, it's the nice thing to do, to give her a little ease in the budget for a year or so.
But truly, a marriage as short as you, where she got a degree & a career out of it, is not worth requiring you to pay for it.
She should get the $15K in loans that go with her degree, either of you buys the otehr out of the house (a better option in this market so you can hold it till a better time to sell) or you sell it & split the proceeds (or excess debt).
What's left is joint debt. See if she'll let you pay all the debt off in exchange for waiving alimony altogether. Not that it's a good deal, just that it makes a clean break & saves a whole lot more in legal fees than you'd be paying in realistic alimony over time. And it keeps your credit clear by making certian YOU are in charge of paying off the joint debt.
Good luck & let us know how this turns out. Truly, if you end up in front of a judge who makes you pay anythign at all I'd be surprised UNLESS the judge was angry at you for turning down a REASONABLE and LOW offer from her & thought you'd wasted time & legal fees by challenging something that was ultimately not going to cost as much as the legal fees of paying it would have cost. (is that clear as mud?)
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Samsung
Platinum
Reged: 06/14/07
Posts: 2022
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I strongly recommend getting rid of any joint debt (Credit cards) before the divorce is final. If, for example, you each were ordered to pay half, and she didn't pay hers, the CC company will come after you, and their rights to collect the money trump your decree. At a minimum, if she doesn't pay, for sure it will go on your credit report also, and it will have to be paid before it comes off....and if she refuses...you will have to pay. You can go to court to try to collect it, but the costs associated with it, along with still no guarantee it gets paid, has become a huge headache for many.
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doc
Platinum
Reged: 04/26/06
Posts: 584
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A marriage of five years generally does not entail spousal support. The fact that the wife has well paying employment, there are no assets on the part of the husband, and there are no children should mitigate spousal support. You need a lawyer that will take that position. Agree on the debt, with each taking a fair share based on income. What you want at this point is to move on. You want an obligation free divorce.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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You can count on paying alimony under a pendante lite award until the divorce is finalized which can take a long time if either party stalls . Property/debts will be split equitably meaning you as the higher wage earner will end up with more debt/less property . Negotiate !
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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What will I lose
Platinum
Reged: 05/21/07
Posts: 705
Loc: PA
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[quote].4 sounds a bit extreme. I would that was because she was not working. About my philosophy... "They" (the legal system and society) wants you to ignore your financial status prior to the marriage then, would it not make sense to ignore it post-marriage, espcially if it was short term?
Can anyone else offer any opinion of my situation? [/quote]
.4 is in the law book...now was it a current book? I dont know . There was also a formula for people with kids there.
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call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.
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What will I lose
Platinum
Reged: 05/21/07
Posts: 705
Loc: PA
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[quote]You can count on paying alimony under a pendante lite award until the divorce is finalized which can take a long time if either party stalls . Property/debts will be split equitably meaning you as the higher wage earner will end up with more debt/less property . Negotiate ! [/quote]
shouldn't you add (You can count on paying alimony "UNLESS you are still living together?")
My atty told me, since i told her my wife would probably still live with me should i ever file, that i wouldnt be responsible for any alimony since she was living there. So stick with your partner and owe less :)
for the record, she got bad advice last divorce and very likely wouldnt leave the house since she thinks she would lose money if she did
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call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.
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snapperloo
New
Reged: 10/31/07
Posts: 5
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Wow! A lot of useful information to digest. Thanks to everyone for responding. It seems like i'm in a bad state for divorcing (NJ). I'll definately let everyone out here know what happens and keep you all updated on this thread. I'm working on that balance sheet of assets. This stuff is like accounting class. I wonder if the judge will consider that she is 4 years younger than me and has some time on her clock to make up the difference? Also, i'd love to throw this pitch: our standard of living was horrible because our mortgage was so high. Even on her income, her standard of living will improve without alimony.
Think it'll work? In fact, do you even get a chance to speak during the hearing. And yes, i'm definately going to try to make sure it never gets that far.
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taryn
Platinum
Reged: 05/31/07
Posts: 2126
Loc: Hell...but im coming back up, ...
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[quote]I know for a fact here in PA I would have to pay (my salary - her disability) times .4
My atty showed me this formula in the law book.
[/quote]
UH!i WISH! that would Sure give me time to go to school and ease my way into the job market!
pfffffttt!
im NOT working we've been married over a dozen years and NO one mentioned at 'formula! THAT would be helpful!
does ss amount have anything to do with whatever the cs amount is?
Gosh!
i could go for some .4 myself!
KICK KICK...for NOT staying in the workforce so i have to HOPE i can sponge off someone whom i dont trust! ARUGH!
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taryn.
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What will I lose
Platinum
Reged: 05/21/07
Posts: 705
Loc: PA
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[quote][quote]I know for a fact here in PA I would have to pay (my salary - her disability) times .4
My atty showed me this formula in the law book.
[/quote]
UH!i WISH! that would Sure give me time to go to school and ease my way into the job market!
pfffffttt!
im NOT working we've been married over a dozen years and NO one mentioned at 'formula! THAT would be helpful!
does ss amount have anything to do with whatever the cs amount is?
Gosh!
i could go for some .4 myself!
KICK KICK...for NOT staying in the workforce so i have to HOPE i can sponge off someone whom i dont trust! ARUGH! [/quote]
I assume SS means social security but cs? (child support?)
I know nothing about child support but the atty did let me see the book and i know the rule number is on one of my other postings if you search. She told me point blank it's the difference in salary times .4. So if you are making nothing, i dont see why you couldn't get .4 of the spouses net salary. At least here in PA.
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call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.
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