Amount of Alimony??

[jessecor]

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

I have been married for almost 4 years now. My wife and I will be divorcing due to irreconcilable differences (with no misconduct, etc.). My wife is 57, I am 32. She has four children from a previous marriage, although only one (17 year old daughter) still lives with us.

I make more money than she does ($83k vs. $40k)...but she is employed full-time, and receives a meager child support from her first husband.

I have read that spousal support is becoming less of a given...and that it is based on many factors...My soon to be ex-wife is threatening to "take me to the cleaners"...but I'm already paying substantial dental bills, etc.

Do you think she is eligible for spousal support? If so, how much and for how long?

I have a call in to a lawyer, but I just wanted to know what you all thought...

[Bali Hai]

Originally Posted by jessecor

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

I have been married for almost 4 years now. My wife and I will be divorcing due to irreconcilable differences (with no misconduct, etc.). My wife is 57, I am 32. She has four children from a previous marriage, although only one (17 year old daughter) still lives with us.

I make more money than she does ($83k vs. $40k)...but she is employed full-time, and receives a meager child support from her first husband.

I have read that spousal support is becoming less of a given...and that it is based on many factors...My soon to be ex-wife is threatening to "take me to the cleaners"...but I'm already paying substantial dental bills, etc.

Do you think she is eligible for spousal support? If so, how much and for how long?

I have a call in to a lawyer, but I just wanted to know what you all thought...

Plan on paying alimony for a couple of years. That's what you get for marrying the old goat in the first place!

[nextwife]

Don't listen to Bali.

Four years - 46 MONTHS! - is a VERY short marriage. You should not need to nor agree to ANY alimony. Her support of her children with someone else is irrelevant to YOUR marriage and financial obligations. She chose the guy to have kids with- it's not your responsibility to suppliment her income to make up for CS. Four YEAR marriage!

She has an income that is well above "minimum". She is also responsible for half the marital debt and entitled to half the marital assets. That's MARITAL. NOT half of everything you have, only half of what accrued during the marriage that was not inherited or a gift.

[TinkerBelleLuvr]

My soon to be ex-wife is threatening to "take me to the cleaners".

many things can be said when someone is angry. Just because you say it doesn't mean that it will happen.

Less than 4 years is a short-term marriage. Chances are slim she would be awarded alimony. Her child does not matter because it is NOT your child.

[tuffbrk]

I was advised by a Middlesex County (NJ) Economic Mediator that alimony is very rarely awarded in divorces for marriages 10 yrs and under. 10-12yr marriages were considered "gray" in which it could go either way and that anything over 12 yrs was considered long term in which it is almost always granted, the only questionable area was related to duration. Once the duration was 20yrs or more - almost always the alimony is permanent. (Actually I was told it was always permanent, but mine is modifiable down to zero and I was married 20 yrs)

[nextwife]

Originally Posted by tuffbrk

I was advised by a Middlesex County (NJ) Economic Mediator that alimony is very rarely awarded in divorces for marriages 10 yrs and under. 10-12yr marriages were considered "gray" in which it could go either way and that anything over 12 yrs was considered long term in which it is almost always granted, the only questionable area was related to duration. Once the duration was 20yrs or more - almost always the alimony is permanent. (Actually I was told it was always permanent, but mine is modifiable down to zero and I was married 20 yrs)

And that is IF it would have qualified for alimony in the first place. Many of us make incomes comparable to that which our spouses make, or simply make a good income ourselves, and SS would thus be inappropriate in those cases, even if married 100 years.

[LdiJ]

Originally Posted by jessecor

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

I have been married for almost 4 years now. My wife and I will be divorcing due to irreconcilable differences (with no misconduct, etc.). My wife is 57, I am 32. She has four children from a previous marriage, although only one (17 year old daughter) still lives with us.

I make more money than she does ($83k vs. $40k)...but she is employed full-time, and receives a meager child support from her first husband.

I have read that spousal support is becoming less of a given...and that it is based on many factors...My soon to be ex-wife is threatening to "take me to the cleaners"...but I'm already paying substantial dental bills, etc.

Do you think she is eligible for spousal support? If so, how much and for how long?

I have a call in to a lawyer, but I just wanted to know what you all thought...

You may have to pay some temporary alimony while the case is pending, but that is probably all. You simply haven't been married long enough for anything other than temporary alimony.

Assets and debts accumulated during the marriage will have to be split.