Alimony if ex-husband shows less income?

[grainybrainy]

What is the name of your state (only U.S. law)? New York

I have been here before and have quite a history about my marriage. Its been a painful 1.5 years now and I am back because I found people here helpful last time.

My husband is a businessman (former banker) and shows only minimum income every year. Last 4 years before my marriage he has shown no income. He has his own condo worth $1.5M for which he pays about $1500 maintenance every month. I was a student and worked pro-bono for a small company for the past 6 months. I have updated skills on my resume now and have begun looking for a full time job and I expect to make more than he currently "makes". If we divorce , can he get alimony from me? How do courts view this?

First of all I am struggling to find proof about the fact that he lied to me about his age (by about 7 years ). I am assuming that in the worst case I cannot get an annulment it will be a divorce. Can he extract alimony or one time payment from me? I have a 200K student loan and not a dime in the world. My family does not acknowledge my marriage ever since I married him (no social support, I am out on my own)

On all his business deals he takes off-shore payments and does not show anything in the US. He is in his 50s highly educated, I am in my early thirties, also well educated. No kids. If he "retires" later can he come back at a later point and trouble me any more?

He can fudge the numbers on his income as he works for his sister's company and showed that as proof everywhere. He can even say he lost his job if he knew I am considering divorce. Please advice me how I can protect myself.

When I start on a full time job, do I need to disclose my full income to him?
Can I put in a larger proportion into a retirement plan? or invest it in something in my home country? Will all of that account for the divorce case?

Sorry for the long post. I just have too many questions - and concerns.

 

[ecmst12]

It is very unlikely you will be able to get an annulment. Impossible without a lawyer.

 

[mistoffolees]

What is the name of your state (only U.S. law)? New York

I have been here before and have quite a history about my marriage. Its been a painful 1.5 years now and I am back because I found people here helpful last time.

My husband is a businessman (former banker) and shows only minimum income every year. Last 4 years before my marriage he has shown no income. He has his own condo worth $1.5M for which he pays about $1500 maintenance every month. I was a student and worked pro-bono for a small company for the past 6 months. I have updated skills on my resume now and have begun looking for a full time job and I expect to make more than he currently "makes". If we divorce , can he get alimony from me? How do courts view this?

First of all I am struggling to find proof about the fact that he lied to me about his age (by about 7 years ). I am assuming that in the worst case I cannot get an annulment it will be a divorce. Can he extract alimony or one time payment from me? I have a 200K student loan and not a dime in the world. My family does not acknowledge my marriage ever since I married him (no social support, I am out on my own)

On all his business deals he takes off-shore payments and does not show anything in the US. He is in his 50s highly educated, I am in my early thirties, also well educated. No kids. If he "retires" later can he come back at a later point and trouble me any more?

He can fudge the numbers on his income as he works for his sister's company and showed that as proof everywhere. He can even say he lost his job if he knew I am considering divorce. Please advice me how I can protect myself.

When I start on a full time job, do I need to disclose my full income to him?
Can I put in a larger proportion into a retirement plan? or invest it in something in my home country? Will all of that account for the divorce case?

Sorry for the long post. I just have too many questions - and concerns.

First, please do not keep opening new threads. Just add your new question to an existing thread. I have no desire to go back and check your posting history, so the following information is based solely on what you've written here. It is possible that other information you've provided in the past might change it.

Here are the rules for alimony in NY. Since you haven't provided any details, I'm not even going to guess on whether you'd be paying alimony.

If you think he's falsifying income, you can request a forensic accountant to go over his finances. However, the problem you face is that you're claiming that he showed no income during the 4 years before your marriage - and presumably during your marriage. So it appears that you were OK with his fraud as long as it benefited you (lower taxes), but want to use it against him now. You could well be charged by the IRS for abetting his tax fraud since you didn't do anything for years (particularly if you filed taxes jointly).

An annulment doesn't seem likely. Grounds for annulment in NY are:
Annulment Grounds in New York

On the surface, it looks like fraud might apply, but you'd have to show that:
- You relied on his statement about his age
- You would not have married him if you had known his true age
- A 7 year difference is large enough to be material
Unless you could show all three of those, you wouldn't get an annulment.

You need to see an attorney ASAP. In particular, if he has been hiding income while you were married, there may be marital assets that you should get a portion of. In fact, if he mingled marital assets with separate assets, he may have created an even bigger problem for himself.