spousal support

[09seabelle]

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

I want to file for divorce. I have not consulted with an attorney. My husband was fired August 1st. He was told he wasn't fitting into their culture and wasn't getting along with some of their contractors. He's been very vague about it. He hasn't received a separation notice. He is currently pursuing a MBA. He has a Bachelor degree. He's in his early 40's. We have been married for 3 1/2 years. He's only had a stable job for the last year of our relationship. He had construction jobs before his last employment. My worry is that I'll have to pay him spousal support. We have a child together and I had thought I should marry my child's father for the sake of my child. We've discussed our shared parenting plan and we're in agreement. How likely would it be that I have to support him? What is considered marital property? Does my engagement ring belong to him? I would like to sell it. I'm over him and I'm sure we'll need the money more than a symbol that means nothing to me. I'm frustrated with his inability to keep a job. I have a feeling his attitude contributed to his unemployment. Thank you for your responses.

 

[ecmst12]

Your engagement ring is definitely yours.

 

[ecmst12]

Might want to wait until after the divorce to sell it though.

 

[09seabelle]

wait until divorced? Is that because the cash would be marital property?

 

[ecmst12]

Not automatically, but it will be really difficult to avoid mingling the cash with marital funds after the sale. Unless you're going to sell it and use the entire amount to pay for your divorce attorney, that would be documentable. You wouldn't want to have the cash just sitting in account though, even if it's a separate account, just because it will make your accounting that much more complicated.

 

[LdiJ]

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

I want to file for divorce. I have not consulted with an attorney. My husband was fired August 1st. He was told he wasn't fitting into their culture and wasn't getting along with some of their contractors. He's been very vague about it. He hasn't received a separation notice. He is currently pursuing a MBA. He has a Bachelor degree. He's in his early 40's. We have been married for 3 1/2 years. He's only had a stable job for the last year of our relationship. He had construction jobs before his last employment. My worry is that I'll have to pay him spousal support. We have a child together and I had thought I should marry my child's father for the sake of my child. We've discussed our shared parenting plan and we're in agreement. How likely would it be that I have to support him? What is considered marital property? Does my engagement ring belong to him? I would like to sell it. I'm over him and I'm sure we'll need the money more than a symbol that means nothing to me. I'm frustrated with his inability to keep a job. I have a feeling his attitude contributed to his unemployment. Thank you for your responses.

You haven't been married long enough for spousal support to be an issue...or at least nothing more than a very, very short term issue. The engagement ring is yours and you can either sell it now to help with expenses, or you can sell it later to help with expenses.

Marital property is property that accrued during the marriage. So, if you deposited 5k in your 401k account during the marriage that 5k would be marital property subject to division. If you own your home and it gained 3k in equity (not very likely in today's market) during your marriage then that 3k would be marital property. If you had savings of 10k prior to marriage and added 2k during the marriage 2k would be marital property...etc.

Whatever you had prior to marriage is separate property. Anything that you received as a gift is separate property, anything that you inherited is separate property etc.

 

[09seabelle]

Thank you both for your responses.

Would he have to ask for money from my retirement account or is it automatically awarded to him?

 

[Ohiogal]

Thank you both for your responses.

Would he have to ask for money from my retirement account or is it automatically awarded to him?

He needs to ask for it in some way. Though he may not have to be specific about his request. During the divorce process, You will need to disclose all of your assets and debts.

 

[Bali Hai]

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

I want to file for divorce. I have not consulted with an attorney. My husband was fired August 1st. He was told he wasn't fitting into their culture and wasn't getting along with some of their contractors. He's been very vague about it. He hasn't received a separation notice. He is currently pursuing a MBA. He has a Bachelor degree. He's in his early 40's. We have been married for 3 1/2 years. He's only had a stable job for the last year of our relationship. He had construction jobs before his last employment. My worry is that I'll have to pay him spousal support. We have a child together and I had thought I should marry my child's father for the sake of my child. We've discussed our shared parenting plan and we're in agreement. How likely would it be that I have to support him? What is considered marital property? Does my engagement ring belong to him? I would like to sell it. I'm over him and I'm sure we'll need the money more than a symbol that means nothing to me. I'm frustrated with his inability to keep a job. I have a feeling his attitude contributed to his unemployment. Thank you for your responses.

Factors for a judge to consider for an alimony award:

1. The standard of living established during the marriage;
2. The duration of the marriage;
3. The age, physical and emotional condition of the parties;
4. The financial resources of each party;
5. Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
6. The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
7. The condition of the parties, including the separate estate, and earning capacity; and,
8. Such other relevant facts as the court deems equitable and proper.

 

[Bali Hai]

He needs to ask for it in some way. Though he may not have to be specific about his request. During the divorce process, You will need to disclose all of your assets and debts.

Including any separate property AND the ring.