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10-07-2008, 01:14 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 1
| | | Does support money come out of final settlement 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. | 
10-07-2008, 02:14 PM
| | Senior Member | | Join Date: May 2004
Posts: 33,549
| | Quote:
Originally Posted by barbpatter 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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10-07-2008, 02:17 PM
| | Senior Member | | Join Date: Jan 2005 Location: CO
Posts: 13,127
| | | *Paging Bali.
Bali, please come to a white paging telephone.*
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"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." Ford, at The Other Place | 
10-07-2008, 03:07 PM
| | Senior Member | | Join Date: Nov 2007 Location: Hawthorne, CA
Posts: 3,010
| | Quote:
Originally Posted by Silverplum *Paging Bali.
Bali, please come to a white paging telephone.* | i haven't snorted at the computer in a LONG time.  
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