sPOUSAL sUPPORT

MRC · #1 11-08-2008, 04:41 PM

What is the name of your state (only U.S. law)? ohio

MY WIFE AND i HAVE DECIDED TO SEPERATE, AFTER 30 YEARS OF MARRAGE, AND FILE FOR A DISSOLUTION. WE HAVE AGREED ON ALL THE PROPERTY DIVISION AND SHE ASK FOR $1200.00 PER MONTH FOR 5 YEARS AS SPOUSAL SUPPORT. i HAD THE PAPERS DRAWN UP USING AN ON-LINE FIRM. AFTER SHE FILLED OUT HER PAPERS SHE DECIDED TO TAKE THEM TO AN ATTORNEY AND HAVE HIM LOOK THEM OVER. I RECEIVED A COPY OF THE PAPERS FROM THE ATTORNEY AND HE HAS INCREASED THE SPOUSAL SUPPORT TO $1500.00 PER MONTH AND WANT IT PAID UNTIL MY DEATH. I AM SOMEWHAT FRUSTRATED DUE TO THE FACT THAT WE HAD AGREED ON AN AMOUNT AND A TIME FRAME. IS WHAT THE ATTORNEY IS REQUESTING A FAIR AMOUNT OF DOLLARS AND TIME? I ALSO WILL BE RESPONSIBLE FOR ALL DEBTS INCURRED DURING THE MARRAGE. i CURRENTLY BRING HOME AROUND $4166.00 PER MONTH AND MY WIFE BRINGS HOME APPROX. $2515.00 PER MONTH. THE HOUSE PAYMENT ALONE THAT I AM RESONSIBLE FOR IS $1515.00 PER MONTH.

LdiJ · #2 11-08-2008, 08:02 PM

Quote:

Originally Posted by MRC

What is the name of your state (only U.S. law)? ohio

MY WIFE AND i HAVE DECIDED TO SEPERATE, AFTER 30 YEARS OF MARRAGE, AND FILE FOR A DISSOLUTION. WE HAVE AGREED ON ALL THE PROPERTY DIVISION AND SHE ASK FOR $1200.00 PER MONTH FOR 5 YEARS AS SPOUSAL SUPPORT. i HAD THE PAPERS DRAWN UP USING AN ON-LINE FIRM. AFTER SHE FILLED OUT HER PAPERS SHE DECIDED TO TAKE THEM TO AN ATTORNEY AND HAVE HIM LOOK THEM OVER. I RECEIVED A COPY OF THE PAPERS FROM THE ATTORNEY AND HE HAS INCREASED THE SPOUSAL SUPPORT TO $1500.00 PER MONTH AND WANT IT PAID UNTIL MY DEATH. I AM SOMEWHAT FRUSTRATED DUE TO THE FACT THAT WE HAD AGREED ON AN AMOUNT AND A TIME FRAME. IS WHAT THE ATTORNEY IS REQUESTING A FAIR AMOUNT OF DOLLARS AND TIME? I ALSO WILL BE RESPONSIBLE FOR ALL DEBTS INCURRED DURING THE MARRAGE. i CURRENTLY BRING HOME AROUND $4166.00 PER MONTH AND MY WIFE BRINGS HOME APPROX. $2515.00 PER MONTH. THE HOUSE PAYMENT ALONE THAT I AM RESONSIBLE FOR IS $1515.00 PER MONTH.

Please don't post in all caps. Its bad form (shouting) on the internet.

After a 30 year marriage, permanent alimony is very possible. Not guaranteed, but very possible.

What comes out of your net pay besides tax? What comes out of your wife's net pay besides tax? Right now the figures don't make sense to me.

Alimony would be taxable income to her and tax deductible to you....so its really better to work with gross figures rather than net figures.

If your gross is 6k and her gross is 3k, then in an absolute worst case scenario 1500.00 a month might be ordered, to equalize incomes. However if her gross was 36k a year that's a fairly liveable income for one person, therefore a worst case scenario wouldn't necessarily get ordered...maybe wouldn't even be likely to get ordered.

A court also takes into consideration the split of the marital assets. You do realize that everything needs to be split 50/50? Home equity, retirement assets, bank accounts, stock funds etc, plus marital debts also need to be split equally. That doesn't mean that each individual debt and asset is split down the middle, but in means that the end result must be 50/50.

I think that it would be in your best interest to consult an attorney as well. Obviously her attorney believes that 1500.00 a month, permanently, is the correct number. I have serious doubts about that, but I don't know the nitty gritty details of your financial situation. Since its almost guaranteed that you are over 50, you are permitted to contribute a great deal of money to a 401k annually, and if your net is significantly lowered due to a large 401k contribution, that could possibly explain things.

You need to have your own attorney reviewing the facts and numbers.

Ohiogal · #3 11-08-2008, 09:24 PM

As an Ohio attorney I agree with LD.

Bali Hai · #4 11-09-2008, 08:07 PM

Quote:

Originally Posted by Ohiogal

As an Ohio attorney I agree with LD.

That is no surprise.

Do you also agree that since its almost guaranteed that SHE is over 50, she also is permitted to contribute a great deal of money to a 401k annually, and if her net is significantly lowered due to a large 401k contribution, the court should also take that into consideration?

Of course, who in their right mind would even think of bringing this up in an effort to reach parity but ME?!?!?

Ohiogal · #5 11-09-2008, 08:43 PM

Quote:

Originally Posted by Bali Hai

That is no surprise.

Do you also agree that since its almost guaranteed that SHE is over 50, she also is permitted to contribute a great deal of money to a 401k annually, and if her net is significantly lowered due to a large 401k contribution, the court should also take that into consideration?

Of course, who in their right mind would even think of bringing this up in an effort to reach parity but ME?!?!?

401k deductions are NOT considered in alimony calculations. On either side. In Ohio. Come on Bali -- you should know my opinion on spousal support by now.

LdiJ · #6 11-09-2008, 11:52 PM

Quote:

Originally Posted by Bali Hai

That is no surprise.

Do you also agree that since its almost guaranteed that SHE is over 50, she also is permitted to contribute a great deal of money to a 401k annually, and if her net is significantly lowered due to a large 401k contribution, the court should also take that into consideration?

Of course, who in their right mind would even think of bringing this up in an effort to reach parity but ME?!?!?

Bali, my point was that the numbers do not make any sense....and the only possiblity of them making any sense was if he was making a really large contribution to a 401k....and she was not.

Which is why I recommended that he consult his own attorney.

I actually look at the figures that posters provide to see if what is being pushed is in any way logical. This scenario did not seem logical to me, but I pointed out a potential scenario under which it might be logical.

InsaneJane · #7 11-14-2008, 11:10 PM

Her lawyer works for her, not to finalize your devorce. You are a fool if you sign that just to get it over with. Your ex can support herself, but to be fair she deserves more.
A lawyer may cost a couple of grand so offer her that and the original deal.
You both lose, but you don't lose it all.
If you fight lawyer to lawyer, one of you will probably have the last say, but all of yours and her hard earned $ will be gone for good. That's when it ends and that's the way it goes.

Honestly, she would be better off if you agreed to take the $ that you would pay out to a lawyer and put it in a 10 year term life policy, so that if something happend to you, she would still be taken care of. But that's just my opinion.

swrdmbo · #8 11-15-2008, 01:52 AM

InsaneJane...you need to quit giving your personal opinions as if they are legal advice...you are way off base here..let the attorneys handle this...that is who the OP is asking.

His WIFE would be the fool for taking that original deal. I don't make the laws,and I am not even saying I agree with it,but in Ohio she is definitely entitled to long term support after being married for 30 years.

InsaneJane · #9 11-15-2008, 10:09 AM

Quote:

Originally Posted by swrdmbo

InsaneJane...you need to quit giving your personal opinions as if they are legal advice...you are way off base here..let the attorneys handle this...that is who the OP is asking.

His WIFE would be the fool for taking that original deal. I don't make the laws,and I am not even saying I agree with it,but in Ohio she is definitely entitled to long term support after being married for 30 years.

Ok. Point taken. Thanks.