Spousal Support & Alimony

[buster2209]

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

Here's the back story...

My wife and I were married August of 2009. We separated in Jun 2011.

She filed for divorce with the following complaints;

1 - Wants a divorce.
2 - Equitable distribution of property.
3 - Spousal support and alimony.

Point no 1 is self explanatory.

Point no 2 is not really a contention as there is no property to split. We have no house, car, etc. Also, we have no kids.

Point no 3 is my main concern...

I have to go to a meeting with a domestic relationship officer in a few weeks to make arrangements for spousal support as I earn more than her. The thing is, I moved out of our apartment and signed off the lease as she wanted to keep it. In order to keep it, she had to have her dad sign as a tenant as she doesn't make enough per year to keep it.

My question is this; if I provide evidence to the fact she actually needed to have someone else sign as tenant in order to stay in the apartment (ie, a larger income), will that be classed as income on her part thus lowering my support payments?

Also, am I right in thinking that given that the duration of the marriage was short, we fact we have no kids, and that the difference in our income is only $20k that I will not have to pay alimony payments once the divorce is finalized?

Thanks in advance for your replies

 

[mistoffolees]

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

Here's the back story...

My wife and I were married August of 2009. We separated in Jun 2011.

She filed for divorce with the following complaints;

1 - Wants a divorce.
2 - Equitable distribution of property.
3 - Spousal support and alimony.

Point no 1 is self explanatory.

Point no 2 is not really a contention as there is no property to split. We have no house, car, etc. Also, we have no kids.

Point no 3 is my main concern...

I have to go to a meeting with a domestic relationship officer in a few weeks to make arrangements for spousal support as I earn more than her. The thing is, I moved out of our apartment and signed off the lease as she wanted to keep it. In order to keep it, she had to have her dad sign as a tenant as she doesn't make enough per year to keep it.

My question is this; if I provide evidence to the fact she actually needed to have someone else sign as tenant in order to stay in the apartment (ie, a larger income), will that be classed as income on her part thus lowering my support payments?

Also, am I right in thinking that given that the duration of the marriage was short, we fact we have no kids, and that the difference in our income is only $20k that I will not have to pay alimony payments once the divorce is finalized?

Thanks in advance for your replies

It is unlikely that you'll have to pay spousal support after the divorce - or certainly not much and not long.

You may be able to get her request for temporary spousal support rejected if your incomes are close. You state that there's a $20 K difference - what are the numbers? ($15K vs $35 K is much different than $180K vs $200 K).

You might want to have a chat with a local attorney before you get too far into this. Many will give you an initial consultation for free.

And, no, the apartment thing won't help you. Unless you're actually spending your own money, it's not going to be relevant.

 

[buster2209]

It is unlikely that you'll have to pay spousal support after the divorce - or certainly not much and not long.

Ok

You may be able to get her request for temporary spousal support rejected if your incomes are close. You state that there's a $20 K difference - what are the numbers? ($15K vs $35 K is much different than $180K vs $200 K).

$57,000 vs $37,000

You might want to have a chat with a local attorney before you get too far into this. Many will give you an initial consultation for free.

I did speak to one and got some advice. Just looking for more.

And, no, the apartment thing won't help you. Unless you're actually spending your own money, it's not going to be relevant.

Are you sure it wont help? She has deliberately taken on a lease of a place knowing full well she can't afford it and now expects me to make up the difference?!?!?

 

[LdiJ]

Ok



$57,000 vs $37,000



I did speak to one and got some advice. Just looking for more.



Are you sure it wont help? She has deliberately taken on a lease of a place knowing full well she can't afford it and now expects me to make up the difference?!?!?

57k vs 37k is not enough to make alimony a sure thing, particularly after such
a short term marriage. I would recommend fighting against paying any alimony.

However, if the lease had not run out yet, and her dad had to sign on in order for you to be removed from the lease, then some VERY short term alimony might be considered reasonable by a judge...but VERY short term.

 

[mistoffolees]

Ok

$57,000 vs $37,000

Temporary support is possible, but she's making enough that you should be able to object. How it would play out is not something I can answer (see below).

I did speak to one and got some advice. Just looking for more.

The problem is that no one here knows your judge or how things are typically done in your county. We can answer legal questions, but "what is likely to happen" is something that is far better answered by an attorney who knows the judge and the history. You really need to rely on whatever your attorney is telling you.

Are you sure it wont help? She has deliberately taken on a lease of a place knowing full well she can't afford it and now expects me to make up the difference?!?!?

The court won't expect you to make up the difference. The court MIGHT order you to pay some spousal support based on her obligations.

Be careful - this could backfire on you. The court could say that you encouraged her to rent a more expensive place than she could afford and that you should therefore be ordered to pay a portion.

 

[buster2209]

Thanks for the replies.

I have arranged for a free consultation with another lawyer

 

[Bali Hai]

Thanks for the replies.

I have arranged for a free consultation with another lawyer

Keep in mind that she washed your dirty underwear and prepared prime rib for you every night for dinner, she needs to be compensated for that.

 

[nextwife]

Keep in mind that she washed your dirty underwear and prepared prime rib for you every night for dinner, she needs to be compensated for that.

And gave up her planned career as an Aerospace engineer.

 

[Bali Hai]

And gave up her planned career as an Aerospace engineer.

Yep, and since NASA is cutting back and laying off, that's OP's fault too.

 

[buster2209]

Keep in mind that she washed your dirty underwear and prepared prime rib for you every night for dinner, she needs to be compensated for that.

If you think she did any of this then you clearly don't know my wife very well.....

 

[buster2209]

And gave up her planned career as an Aerospace engineer.

If you think my wife is capable of this then you clearly don't know her very well....

 

[Proserpina]

If you think my wife is capable of this then you clearly don't know her very well....

(I'm sorry - the last two of your responses, buster, made me laugh. Very nicely done )

 

[mistoffolees]

If you think she did any of this then you clearly don't know my wife very well.....

If you think my wife is capable of this then you clearly don't know her very well....

So just what IS she good at?

Oh, wait. I don't want to know.....

 

[Bali Hai]

If you think she did any of this then you clearly don't know my wife very well.....

It's the judge you need to convince, not me.

 

[tuffbrk]

Thanks for the replies.

I have arranged for a free consultation with another lawyer

How did you consult go? Did it put your mind at rest?