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NJ divorce questions

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kirinli

Junior Member
Background:
Already filed the divorce in New Jersey,
9 years' marrige, no child, no asset , no debt.

I want to get divorce the sooner the better because of personality reasons, but my husband won't and asked me a large amount of money(>1000k), since I am a current MD intern, he thought he had supported me to get the board certificate and he deserves 10% salary of my future 10 years.

Questions:
1. Is this a good excuse for him to get my future money? and he just got to be laid off.
2. I want to finish this marrige soon, how long can he delay the court decision and what kind of excuses?
3. when he got job he earned decent salary, should I ask for this savings?



thanks for your time and really want instructive advices

again, thanks very much !
 


mistoffolees

Senior Member
Background:
Already filed the divorce in New Jersey,
9 years' marrige, no child, no asset , no debt.

I want to get divorce the sooner the better because of personality reasons, but my husband won't and asked me a large amount of money(>1000k), since I am a current MD intern, he thought he had supported me to get the board certificate and he deserves 10% salary of my future 10 years.

Questions:
1. Is this a good excuse for him to get my future money? and he just got to be laid off.
2. I want to finish this marrige soon, how long can he delay the court decision and what kind of excuses?
3. when he got job he earned decent salary, should I ask for this savings?



thanks for your time and really want instructive advices

again, thanks very much !
There are a lot of cases where someone gets a share of a doctor's future earnings for putting them through school. The fact that you're not a doctor yet complicates things, but he could have SOME claim. HOWEVER, you're lucky to be in NJ. At least one court ruled that future earnings could not be considered in property settlement because the earnings were too speculative: Valuation strategies in divorce - Google Book Search

The other side of the coin states that the court may order reimbursement of the education expenses, adjust the property division to make up for it, or adjust alimony to make up for it.

In either event, your husband's demand appears to be out of line. There's no way he's going to get 10 years of alimony.

Alimony is an issue if you reach the 10 year point in your marriage. You need to file ASAP. Once you pass 10 years, alimony will be considered. If you're still interning and your salary is low, and he is capable of a decent income, that might not be a problem. If, OTOH, you're off into private practice and making a great income and he is not, then it could be significant - and 10% of your income (or more!) wouldn't be unusual under some circumstances.

You need to meet with an attorney ASAP to get some help on this. Even if the court only orders reimbursement of education expenses, there's a lot of money at stake - more than enough to justify meeting with an attorney.
 

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