How much should I offer

[Gsocretes]

What is the name of your state? Minnesota

My wife and I decided on divorce last January, agreed on everything to start, all except alimony, she quit her job the day she moved out, and asked for $1500/mo for life in spousal maintenance. She was working full time, making $12/hr, I make $24/hr , we were married 21 yrs, kids are grown and moved out. She has epilepsy, under control through medication, last seizure 12 yrs ago. She claimed initially that she couldn't work because of her medical condition, and the judge awarded her $500/mo in temporary maintenance back in June. My attourney is setting up an independent medical exam (IME) for evidence that she is fully capable of working full time. She hasn't worked a day since leaving, her parents are supporting her.. they are indipendently wealthy, which my attourney says don't matter.
I want to make a settlement offer prior to the IME, in hope of avoiding this very costly process, and trial, If I had a feel for what the judge might award in trial, I would match that with an offer now, just to avoid the hassles, and cost of trial. But haven't been able to find any reference to get an idea of what to expect from a judge... any input on Minnesota and spousal maintenance would be appreciated, is there a written record anywhere of previous judgments? I will have the same judge for trial... it is a one judge county.

[BelizeBreeze]

Offer her nothing. And counteroffer with a petition for Alimony of $1,000 a month payable to you from her.

There is no way we can tell you what the judge will or is likely to do. However, if you want to roll over and play dead, that's a personal decision. Frankly, any alimony award will depend on all variables, including property division, her age, ability to work, her income (or inputed income) and many other factors.

IF you want to speak with your attorney about an offer then ONLY speak about rehabilitative for a year or so.

[trustknow1]

Not knowing a lot of details, it sounds like the med-exam is a good immediate step. The fact she quit on the day she left is certainly a decision she will wish she had planned a little better when a court sees that fact. With all due respect, I would not be surprised to see a seizure or two suddenly re-appear now, after the 12yr remission, either.

You make twice her documented income potential, so I would offer a ONE-year monthly maintenence amount equal to what your percentage contribution to the "household" expenses were when you were both together and both working. That is plenty of time for her to locate new housing compatible with her adjusted post-divorce total income after she is on her own, while living in the "manner she was accustomed to" in the process. Make sure it is a one-year contract, that terminates without any possibility of continuing at the end.

I would also make a point out of showing your inability to carry the total household expenses on your own, after she quit her job! This is obviously not the time to be buying anything "new" for her use as evidence against you later.

Just a thought, good luck.