Divorce and spousal support question

[civeni]

I'm just looking for people who may have had this probably rare situation happen.

My wife and I have been separated for just over a year and a half and there is no way I will return and ignore what happened.

Anyways, like I said obviously this is not the correct place to ask, but if my wife (as she says) isn't going to claim spousal support, can a judge (after filing) say 'too bad you have to pay her x amount for x amount of time?' (To add, we don't have kids and we have split everything ourselves and agreed on everything)

Just wondering as I have the papers ready to be filled out but am a little worried as our difference in income (I make more) is about $20K/year if I'm not mistaken


What blows my mind is that we have no-fault BS. ie. if your spouse commits adultery, then she can still be entitled to support... blows my mind that this is even possible, that should be an instant 'now she pays you x for x time'

 

[civeni]

I'm just looking for people who may have had this probably rare situation happen.

My wife and I have been separated for just over a year and a half and there is no way I will return and ignore what happened.

Anyways, like I said obviously this is not the correct place to ask, but if my wife (as she says) isn't going to claim spousal support, can a judge (after filing) say 'too bad you have to pay her x amount for x amount of time?' (To add, we don't have kids and we have split everything ourselves and agreed on everything)

Just wondering as I have the papers ready to be filled out but am a little worried as our difference in income (I make more) is about $20K/year if I'm not mistaken


What blows my mind is that we have no-fault BS. ie. if your spouse commits adultery, then she can still be entitled to support... blows my mind that this is even possible, that should be an instant 'now she pays you x for x time'

thanks in advance for all your suggestions.

 

[Zigner]

I'm just looking for people who may have had this probably rare situation happen.

My wife and I have been separated for just over a year and a half and there is no way I will return and ignore what happened.

Anyways, like I said obviously this is not the correct place to ask, but if my wife (as she says) isn't going to claim spousal support, can a judge (after filing) say 'too bad you have to pay her x amount for x amount of time?' (To add, we don't have kids and we have split everything ourselves and agreed on everything)

Just wondering as I have the papers ready to be filled out but am a little worried as our difference in income (I make more) is about $20K/year if I'm not mistaken

If both parties agree to a certain settlement, it would be extremely unlikely that the court would override those wishes.

 

[adjusterjack]

Civeni, you might consider filing a joint petition where the agreement is signed by both of you and attached if that's possible in your local court.

Look into that.

 

[Just Blue]

I'm just looking for people who may have had this probably rare situation happen.

My wife and I have been separated for just over a year and a half and there is no way I will return and ignore what happened.

Anyways, like I said obviously this is not the correct place to ask, but if my wife (as she says) isn't going to claim spousal support, can a judge (after filing) say 'too bad you have to pay her x amount for x amount of time?' (To add, we don't have kids and we have split everything ourselves and agreed on everything)

Just wondering as I have the papers ready to be filled out but am a little worried as our difference in income (I make more) is about $20K/year if I'm not mistaken


What blows my mind is that we have no-fault BS. ie. if your spouse commits adultery, then she can still be entitled to support... blows my mind that this is even possible, that should be an instant 'now she pays you x for x time'

What state? It matters.

 

[AlmostThere]

Also, how long were you married, and what are your incomes? There is a big difference between 20K and 40k, and 180k and 200K.

 

[LdiJ]

I'm just looking for people who may have had this probably rare situation happen.

My wife and I have been separated for just over a year and a half and there is no way I will return and ignore what happened.

Anyways, like I said obviously this is not the correct place to ask, but if my wife (as she says) isn't going to claim spousal support, can a judge (after filing) say 'too bad you have to pay her x amount for x amount of time?' (To add, we don't have kids and we have split everything ourselves and agreed on everything)

Just wondering as I have the papers ready to be filled out but am a little worried as our difference in income (I make more) is about $20K/year if I'm not mistaken


What blows my mind is that we have no-fault BS. ie. if your spouse commits adultery, then she can still be entitled to support... blows my mind that this is even possible, that should be an instant 'now she pays you x for x time'

9.9 times out of 10 a judge would not even consider bucking an agreement between the parties in a divorce, particularly when no children are involved. Where it could happen (again where no children are involved) is in a circumstance where someone could become a public charge if the agreement is approved or its such an unfair agreement as to violate the law.

So, that 20k difference between your incomes may be mostly irrelevant depending on what your actual incomes are...or it could be relevant if its clear that the agreement would make her immediately homeless and she is disabled (as an example). Or, if it could be determined that she isn't competent to make an agreement.

 

[zddoodah]

if my wife (as she says) isn't going to claim spousal support, can a judge (after filing) say 'too bad you have to pay her x amount for x amount of time?'

The court isn't going to award spousal support to someone who doesn't ask for it.

 

[civeni]

9.9 times out of 10 a judge would not even consider bucking an agreement between the parties in a divorce, particularly when no children are involved. Where it could happen (again where no children are involved) is in a circumstance where someone could become a public charge if the agreement is approved or its such an unfair agreement as to violate the law.

So, that 20k difference between your incomes may be mostly irrelevant depending on what your actual incomes are...or it could be relevant if its clear that the agreement would make her immediately homeless and she is disabled. Or, if it could be determined that she isn't competent to make an agreement.

thank you so much for your suggestion

 

[quincy]

thank you so much for your suggestion

Civeni, the commercial links you have been hiding in your posts to this forum (generally hidden in the posts you have quoted) have been reported to the moderator for review. The reported posts go back to when you first became a member of this forum.

Links to commercial sites (like Spotiwaves that you added to a quote of LdiJ’s post, and to various law firms), whether done openly or surreptitiously, is not permitted on this forum.