Do the new wife's earnings affect alimony?

[doggroomer]

What is the name of your state? NJ moving to FL

I am about to be remarried to someone who has a hefty alimony payment. I posted a summary of this on the business board - but I thought someone here might know the answer....

I am about to establish a business - in my name only, even though we are getting married. What affect does this have on the ex's claim to alimony from him- can she take him to court to increase his alimony if the household has more money due to "my" business earnings?

Does it matter whether or not I incorporate and draw a salary or stay a sole proprietor?

This ex wife has an ax to grind and will take him back to court for whatever she can get. I am willing to marry someone who has his own issues from the past - but I guess my real question is, in a roud-about way does she have claim to my income - since it is technically half his? and can she really sue him for more money in alimony if his situation gets better than what would equate to the quality of life she had in the marriage?

THank you -

 

[stealth2]

No, your income has nothing to do with it. But make sure you keep your funds separate.

 

[nextwife]

And the business ownership in YOUR name. And do consider creating an LLC or S Corp for it. Consider a prenup in which he agrees that you would keep the business as a premarital asset. Either way, it might not be a bad idea to consult with an attorney

 

[cibyr]

Gosh what about your new husband

if he divorces you, does he expect to walk out of this marriage with NOTHING????? He needs to protect himself as well with his income wha the puts in business.

 

[doggroomer]

?

You are jumping to the conclusion that I wouldn't treat my husband fairly for some reason...? Thats not a fair assumption based on something you read-into what I wrote....?
I take care of my family and my business fairly and generously. If his ex wife did, we wouldn't have this problem. I am not the greedy one here. Believe me, if you knew the inequity of the way the cards fell, you wouldn't be as accusatory. I am merely trying desperately to help my husband get back on his feet and put our life (back) together as best as we can on our "new budget."

But I think I have a right to be concerned about how my husbands' past debts will affect our future- and whether or not what I earn as income (to contribute to the marriage) is subject to her dispute as well as his.

If I need to spell it out for you - here -
The concern is not about her having claim to MY money, the question is - does she have claim to money I earn to contribute to our betterment.

 

[snodderly]

Your husband's children are not a "past debt." The fact that you view them that way raises red flags for me.

Whether or not the business is in your name only is not what will determine whether income from that business will be affected by his "past debts." If he contributes in anyway to that business and reaps financial rewards from it then....yes, the courts will consider it part of his income.

The only way your income is safe is if your husband does no work makes no financial contributions and you are able to keep records to prove this fact.

How do I know this? Because my ex became involved with the business that was held by his girlfriend. He worked in it, contribuited to it and reaped benefits from it. The judge considered it income.

Of course my ex was taking money that rightfully belonged to his children and using it to build her business so he deserved the smack on the wrist he got.
snodderly~

 

[doggroomer]

Fyi

You can relax your red flags - I said alimony, not child support. There is no child support involved....and I have a very good relationship with his adult children.

I am not an unkind person - I don't want to cheat anyone of anything that is anyone elses'....I just don't want to be taken advantage of by someone and I want to help protect us for our future.
Plain and simple.

Just feels like right now I am not getting any legal advice - I am getting attacked by those who have been divorced and might have some personal issues.

 

[cyana24]

Listen to Nextwife and stealth2. I believe that only in the very rare event that your husband becomes unable to make his alimony payments would your income have any chance to be a consideration and that's usually only when the recepient has minor children to support.

 

[doggroomer]

thank you

I think that is really what I was hoping to hear, Cyana24.