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Does support money come out of final settlement

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barbpatter

Junior Member
What is the name of your state (only U.S. law)? South Carolina
My husband and I are splitting up after 35 years. We have agreed to an uncontested divorce, and I plan to move back to NY where my family lives. I need to move out now, as things are not good, and I understand I need a year separation. I have been completely supported by him through our marriage, he is currently retired, and we have 4 grown children.

He plans to give me $75k when I move out, that we both agree will come out of our final divorce settlement. He was planning to also give me $8K a month for 'support' until the divorce is final.

My question is, does that $8k a month also come out of the final divorce settlement? My husband seems to think that it does, and I disagree.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? South Carolina
My husband and I are splitting up after 35 years. We have agreed to an uncontested divorce, and I plan to move back to NY where my family lives. I need to move out now, as things are not good, and I understand I need a year separation. I have been completely supported by him through our marriage, he is currently retired, and we have 4 grown children.

He plans to give me $75k when I move out, that we both agree will come out of our final divorce settlement. He was planning to also give me $8K a month for 'support' until the divorce is final.

My question is, does that $8k a month also come out of the final divorce settlement? My husband seems to think that it does, and I disagree.
It sounds to me like there is enough money involved in this whole situation that you should probably be having an attorney review things.

8k a month is quite a bit of money. Odds are that is much more than a court would award as spousal support. Therefore there could be some argument that at least a portion of it would be part of the property settlement.
 

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