In community property states this happens no matter who the higher earner is... a man or a woman. If the wife earns more than the husband, she will pay him temporary support.
What they do is to add up the two incomes, sometimes they subtract expenses and then divide it 50/50.
In California they use software called DissoMaster. The software basically determines the difference between the 2 incomes and then give the lower income spouse about 30% (or less, it's a sliding scale) of the higher paid spouse's income..
Spousal support is a different situation and usually paid only in long term marriages from the higher paid spouse to the lower paid spouse.
This appears to vary substantially from state to state. Fortunately my prenup specifically precludes spousal support (even temporary) and given the length of our marriage, there wouldn't be alimony (long term spousal support) even if there wasn't a pre-nup
This appears to vary substantially from state to state. Fortunately my prenup specifically precludes spousal support (even temporary) and given the length of our marriage, there wouldn't be alimony (long term spousal support) even if there wasn't a pre-nup
You did say that if she can move the case to her work state you were concerne that she might get temporary support.
Do you know where she is moving to when she does move out?
If she has to rent an apartment, you might want to consider helping pay her moving to just get her out of the house sooner. Then get your key and she's gone.
You did say that if she can move the case to her work state you were concerne that she might get temporary support.
Do you know where she is moving to when she does move out?
If she has to rent an apartment, you might want to consider helping pay her moving to just get her out of the house sooner. Then get your key and she's gone.
No, I believe she would move to the state where she has worked. She would not get any support payment there; but, she would get 1/2 my earnings until the divorce is final which could be a year or more in that state.
No, I believe she would move to the state where she has worked. Should would not get any support payment there; but, she would get 1/2 my earnings until the divorce is final which could be a year or more in that state.
Half of your earnings until the divorce is final is called 'temporary support".
Half of your earnings until the divorce is final is called 'temporary support".
If she is working then she has income, right?
Not that it is really important, but no. She would share in the joint estate which would include the increase in our holdings (from my earnings) until the dissolution of the marriage. It would be in the form of property division at the end of the divorce, not an ongoing payment.
She does/will receive a small stipend for her direction of her volunteer program. She could get a job in a heartbeat. She is a licensed professional but she hasn't worked a real paying job in quite some time.
Not that it is really important, but no. She would share in the joint estate which would include the increase in our holdings (from my earnings) until the dissolution of the marriage. It would be in the form of property division at the end of the divorce, not an ongoing payment.
She does/will receive a small stipend for her direction of her volunteer program. She could get a job in a heartbeat. She is a licensed professional but she hasn't worked a real paying job in quite some time.
If she has any income at all it does matter. Temporary support calcualtions would take her income into considerations.
For example my brother has court order to pay his wife $2500 a month in temp support. She lied about her income to get that.
When she turned in her financial disclosure paperwork I found income that she did not claim. It took some digging to find it, but I did. So he's taking her back to court to recalculate support. With the income I found it will drop down to about $1000 a month.
(they kids are both grown, so there is no child support in this.)
There is very good reason to believe that my sis-in-law has hidden accounts. After finding out that she lied about her income and about her accounts, my brother's attorney is going to ask the court for an order to allow an asset search. If they find the money that I found her sneaking out of their joint account while they were together, it will be a nice little bundle. And since she has lied to the court, they will very likely give it only to him.
Kando, why are you dragging it out, get this toxic carcinogen out of your life. Posted via Mobile Device
I would love to get this done quicker! Wish there was a way. I can't through her out yet and I may need a court order to accomplish that even when her 90 days are up. Still waiting for clarification from my lawyer on that one.
You are doing the right thing…just keep going...don't look back. Remember, she is not who you thought she was and it is not your fault.
I have been going through hell with my WW as well. After D Day #1 (2009), she wanted to work on our marriage and promised NC. After D Day #2 (2011) she wanted to work on our marriage and give me TT for months while insisting it was only a EA….she was still secretly in contact with OM. Months later…D Day #3, I got the proof I needed from the OM's wife. It was a PA and it never stopped…almost 2 years I had been financially supporting this. I have spent the last year in a false R with her doing almost nothing to help us. I thought things were getting better for a few months but she has regressed again. I feel contact has resumed…if it ever really stopped. Like your wife, she still has her laptop and cell locked down.
I have finally thrown in the towel. I filed 2 weeks ago…I am moving on. She has no idea…I want it to be a nice, big surprise. I think she stayed because it is about the money and lifestyle I provided her with…similar to your situation. We didn't have a prenup, no fault state, married for 15 years, 3 kids, so I will get hit pretty hard. At this point I don't care anymore. I just want her out of my life.
I am wondering how my WW will react to getting the "D" papers.
You are doing the right thing…just keep going...don't look back. Remember, she is not who you thought she was and it is not your fault.
I have been going through hell with my WW as well. After D Day #1 (2009), she wanted to work on our marriage and promised NC. After D Day #2 (2011) she wanted to work on our marriage and give me TT for months while insisting it was only a EA….she was still secretly in contact with OM. Months later…D Day #3, I got the proof I needed from the OM's wife. It was a PA and it never stopped…almost 2 years I had been financially supporting this. I have spent the last year in a false R with her doing almost nothing to help us. I thought things were getting better for a few months but she has regressed again. I feel contact has resumed…if it ever really stopped. Like your wife, she still has her laptop and cell locked down.
I have finally thrown in the towel. I filed 2 weeks ago…I am moving on. She has no idea…I want it to be a nice, big surprise. I think she stayed because it is about the money and lifestyle I provided her with…similar to your situation. We didn't have a prenup, no fault state, married for 15 years, 3 kids, so I will get hit pretty hard. At this point I don't care anymore. I just want her out of my life.
I am wondering how my WW will react to getting the "D" papers.
Hang in there.
I am happy that you have developed a plan to move forward. If your wife is anything like mine, she will be surprised and distraught when she get's served. Mine actually blames me for ending the marriage! I am a bit more fortunate than you with the length of my marriage being shorter and having a prenup. I am trying to be genteel and fair. I ended up having a actuary value my retirement plans so that there would not be any substantive arguments on the financial assets. (worked out well as the present day value is 100k less than I had thought!) Be prepared for the guilt trip and the campaign to save a "marriage" that doesn't exist.
I wonder if any of you have experienced this. My STBXW keeps asking me whether I really am going to divorce her. I know and have expected the campaign to save the "marriage" as noted previously in this thread; but, this recurrent question about divorce is just weird!
Also a little unhappy with the attorney's lack of action. I sent responses to him for the 27 questions regarding finances from the STBXW's attorney and it has been 2 1/2weeks with no feedback and the materials have not gone to the opposing attorney. The delays in this are really weighing on me...
I wonder if any of you have experienced this. My STBXW keeps asking me whether I really am going to divorce her. I know and have expected the campaign to save the "marriage" as noted previously in this thread; but, this recurrent question about divorce is just weird!
Also a little unhappy with the attorney's lack of action. I sent responses to him for the 27 questions regarding finances from the STBXW's attorney and it has been 2 1/2weeks with no feedback and the materials have not gone to the opposing attorney. The delays in this are really weighing on me...
She's fishing to see how much more she can milk it. She also maybe trying to time her next trip to see the OM.
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Re: How would you interpret this message 
I think she stayed because it is about the money and lifestyle I provided her with…similar to your situation. We didn't have a prenup, no fault state, married for 15 years, 3 kids, so I will get hit pretty hard. At this point I don't care anymore. I just want her out of my life. 
