Divorce Support Forums: New here, have questions...

[quote]
As for spousal support, that would depend on your income and her income. 5 years isn't exactly a long-term marriage nor is it exactly a short-term marriage. You could end up paying spousal support for a couple of years.

>>>>>>>>>> His question was in regard to a MSA , are you saying he should AGREE to paying SS for a few years ?

A lawyer in your area, with experience dealing with a military divorce, is a better person to give you an idea of what to expect.

>>>>>>>>> He's in Iraq .

Obviously, any assets and debt acquired during the marriage will have to be split. How it is split depends on the state, in an equitable distribution state, it may not be a 50/50 split. In a community property state, like California, is is split 50/50.

>>>>>>>>> A state's statutes on distribution has no bearing on any AGREEMENT they may make . [/quote]

Let me clarify in your area. A lawyer where the marital residence is, which is not Iraq.

Whether or not he agrees to SS is up to him, it can be an advantage to him tax wise. They can also negotiate and call it family support and the entire thing would be deductible to him. Of course, it's going to be higher than what child support itself would be.

And one thing that one should do is know what type of state they live in before negotiating any type of MSA. Because some states won't accept anything but a 50/50 split of assets and division. And, yes, I have heard of an msa being rejected by the judge because it wasn't a 50/50 split on assets and debt. And if it isn't a community property state, he's going to have to decide for himself just how much he wants to fight over an issue.

Again, an attorney in the state where the marital residence is will know more of what he can expect so that he can negotiate knowing what might happen if it goes to court.

It's just plain common sense to know that before you start the negotiating process.

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