Lifetime Support

[dlundy]

What is the name of your state? Ohio. My wife is being told by a friend that she may be able to get lifetime Maintenance. My laywer is telling me it is not likely based on our ages but I'm worried any ways. I am 41 and she is 42 and we were married for 23 years. she makes 23% of the total income. Is it possible that I would have to pay her for life?

[ablessin]

Originally Posted by dlundy

What is the name of your state? Ohio. My wife is being told by a friend that she may be able to get lifetime Maintenance. My laywer is telling me it is not likely based on our ages but I'm worried any ways. I am 41 and she is 42 and we were married for 23 years. she makes 23% of the total income. Is it possible that I would have to pay her for life?

I sure as heck hope not.
Make sure that there is a stipulation that it's for X years AND also it STOPS if she remarry before the X years are up.

Say you make it 10 year pmt, and she remarries in 6 years - -the maintence STOPS

[VeronicaGia]

Not just marriage, but also cohabitation with anyone of the opposite sex, and if she dies. Also, ask your attorney about other things like this to get in the order.

Never leave alimony open ended. Always have something in the court order that says when it will stop.

[skyspirit]

Like you would have any say so whatsoever in the final decree. In Ohio, apparently there doesn't have to be a signed agreement. The judge decides it for you and then signs it whether you like it or not. Make sure your attorney is on the ball...and good luck.

My b/f just got reamed royally and is still having problems. He was married for 13 years including the 3 years it took for the divorce (she drug her feet for more support time). He's paying $700 a month for 36 months. No children. She works too. She went in to court crying "poor pitiful me" and she got the bank.

I seriously hope your deal works out better.

[LdiJ]

Originally Posted by dlundy

What is the name of your state? Ohio. My wife is being told by a friend that she may be able to get lifetime Maintenance. My laywer is telling me it is not likely based on our ages but I'm worried any ways. I am 41 and she is 42 and we were married for 23 years. she makes 23% of the total income. Is it possible that I would have to pay her for life?

Is it possible? Yes. Is it likely? No.

The length of your marriage and the huge difference in your incomes makes it possible. However again, as your attorney said, your ages make it unlikely.

Plus, if an order is worded properly, there should be clauses in the order that would allow for maintenance to stop if she were to remarry or cohabitate. You are both young enough that you are likely to remarry.

There can however be some tax advantages to paying maintenance....even lifetime maintenance and even without putting in clauses regarding remarriage or cohabitation. Alimony/Spousal Support/Maintenance is tax deductable (above the line) to you, and taxable income to her. Money paid out as part of a property settlement is not. Therefore, if you have certain assets that you want to keep...and either do not have the cash to buy her out, or do not want to disturb the asset/investment, then long term or lifetime maintenance...WITHOUT restrictions regarding remarriage or cohabitation can be more financially advantageous to you.

It would have to be structured carefully so as not to violate the tax regs, and it would have to be set at a level that would also make it attractive to her.....but its something to consider.

[JHinPA]

Originally Posted by dlundy

What is the name of your state? Ohio. My wife is being told by a friend that she may be able to get lifetime Maintenance. My laywer is telling me it is not likely based on our ages but I'm worried any ways. I am 41 and she is 42 and we were married for 23 years. she makes 23% of the total income. Is it possible that I would have to pay her for life?

In PA, and in most states, the #of years of alimony is based on # of years married. It is to help the non-working spouse (usually full-time parent) get back on their "feet".... unless you are a multi-millionaire, I don't think you have to worry about lifetime maintenance. I was married 14 years and received 3 years alimony.....2 of those 14 , we were separated.(I earned 5% of the family income.) Also, it clearly stated when the pmts. would end, stop if I remarried or co-habited and obviously stop if I died (which he prays for everyday). The only way you might have to pay lifetime support would be if you walked out on someone totally disabled, but then again, the laws vary.

[dlundy]

Thanks to everyone for your posts. I hope your all right.