What to expect

[jlr2267]

Living in S. Carolina, married 16 years, 2 kids ages 13 and 14. I work, my wife has worked maybe 4 months in 16 years. I make a 6 figure income, but recently (last 2 years) have run into serious medical issues which is making it very difficult for me to keep working. My wife refuses to get a job, or even curtail her spending, and does not seem to care about my health problems as long as I keep generating the income. I want out of this situation because I think the stress of this situation is adding to my health problems. I think the marriage is long over, just need to find a way out now. What am I to expect in terms of alimony, etc? If she is awarded alimony, what happens when I can no longer work due to my health, but she is perfectly capable and refuses?

 

[Ohiogal]

Living in S. Carolina, married 16 years, 2 kids ages 13 and 14. I work, my wife has worked maybe 4 months in 16 years. I make a 6 figure income, but recently (last 2 years) have run into serious medical issues which is making it very difficult for me to keep working. My wife refuses to get a job, or even curtail her spending, and does not seem to care about my health problems as long as I keep generating the income. I want out of this situation because I think the stress of this situation is adding to my health problems. I think the marriage is long over, just need to find a way out now. What am I to expect in terms of alimony, etc? If she is awarded alimony, what happens when I can no longer work due to my health, but she is perfectly capable and refuses?

When did she last work? What is her education level? What is yours? What is your debt ratio? What is your income? What is the last income she EARNED?

 

[jlr2267]

When did she last work? What is her education level? What is yours? What is your debt ratio? What is your income? What is the last income she EARNED?

She last worked for about 1 month, 2 years ago.

She has a college degree from a non US university. I have a PhD from the US. My income is $103k annual, owe $190k on house and about $16k on home equity line, about $2k on cc. The last income she earned was from her 1 month job at min wage, before she abruptly quit.

I have about $200k in retirement savings, $60k home equity...$15k emergency fund, $12k in college fund

 

[Isis1]

She last worked for about 1 month, 2 years ago.

She has a college degree from a non US university. I have a PhD from the US. My income is $103k annual, owe $190k on house and about $16k on home equity line, about $2k on cc. The last income she earned was from her 1 month job at min wage, before she abruptly quit.

I have about $200k in retirement savings, $60k home equity...$15k emergency fund, $12k in college fund

this is a very important question. is your wife a citizen? what was her status when you married her?

 

[jlr2267]

this is a very important question. is your wife a citizen? what was her status when you married her?

Yes, she is a naturalized citizen. When we married, she was not a citizen. We got her a greencard after we got married in her country of residence. 5 years later, she became a US citizen.

 

[Isis1]

Yes, she is a naturalized citizen. When we married, she was not a citizen. We got her a greencard after we got married in her country of residence. 5 years later, she became a US citizen.

wait for one other poster....this may make a difference. since there is a grrencard involved.

 

[Proserpina]

wait for one other poster....this may make a difference. since there is a grrencard involved.

I know where you were headed here, but it's a non-issue in this case.

Wifey naturalized (became a US citizen), fulfilling one of the criteria needed to terminate the sponsor's obligation under the terms of the I-864.

(The other three are: immigrant dies, leaves the country permanently or earns 40 qualifying social security "credits")


(As an aside, given the timeline, I'm not even sure the I-864 would have been used - it could well have been the previous version of the affidavit of support; I-864 only started being included in 1997 or thereabouts, and the prior version was found NOT to be enforceable by the sponsored party in court )

 

[Ohiogal]

This will be handled as a normal divorce -- wifey is entitled to half the marital assets and half the marital debt. With your income, she will receive spousal support for a limited amount of time.

 

[jlr2267]

This will be handled as a normal divorce -- wifey is entitled to half the marital assets and half the marital debt. With your income, she will receive spousal support for a limited amount of time.

how much, how long, approximately?

what happens if I cannot work?