# Getting work and Spousal Support



## DustyDog (Jul 12, 2016)

I have asked my attorney about this, and she says "I don't think it's an issue". But she doesn't say it with confidence. And my SDBX's attorney seems to be extremely adversarial and will chase anything.

The question: Do I seek work before D-day?
The issue at stake: Spousal support

The claim: Currently I appear to have very low earning potential. I'm over 50 (well over 50), have been out of work (by intent, mostly) for 4 years and was in high tech. High tech is difficult to return to, particularly if over 50 and even more so if one never really had the right skills and has a history of being let go for that reason. 

Therefore, if the opposing side hires an "income evaluation specialist" as they're called, this person would likely evaluate me and come up with an earnings potential on the very low side...possibly no higher than STBX's current income of $30,000 annually.

The math: The way spousal support works in most of the US, with no kids:
- Determine earnings potential for each person. If a person is working, their current income is equal to it.
- The person with lower earnings potential may qualify for spousal support - the higher earner usually can not
- Calculate the DIFFERENCE between what the two earn
- The receiving spouse may qualify for up to 1/3 of that difference, for a length of time not to exceed half the length of the marriage.

So, let's say they figure my earnings potential at $51k and she is $30k and we were married 20 years (example figures).
Difference = $21k
1/3 of that = $7k
She gets it for 10 years = $70k total.

Could be paid in lump sum or $7k per year.

Whether I earn or not.

But if I get a job for $80k, that figure could go up.


Counter claims:

I'm 60, she's 62. Many judges would say that she's now eligible for SS, therefore she has to learn to live a lifestyle that fits that anyway, no spousal support to be had.

With a 50/50 split, she will walk away with close to $850k, and the potential $70k added (minus the $20k usually spend on the evaluation) should not seem much of a draw - but she loves spending a day to save a dime.

It's so much work and drags things out, few people actually bother with it if the claim is so small.



Advice I've received:
From my attorney: No big deal
From pals who are either attorneys or recently divorced: It's a big deal, don't get employed.


Anybody on TAM with recent experience in a similar case (no kids, approx amounts of money involved, nearing retirement) who can provide a "been there done that" story?


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## Married but Happy (Aug 13, 2013)

One alternative to make sure it's no big deal, is to get employed in something vaguely suitable based on prior experience, at a low level of compensation. Then, a higher income can't reasonably be attributed to you.

Once the divorce is complete, you can either quit, continue, or seek better employment, unless the latter would provide reason to get any support adjusted.


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## Diana7 (Apr 19, 2016)

Why haven't you worked for 4 years?


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## honcho (Oct 5, 2013)

States vary but the look back period for wages is generally 3-5 years. Lawyers love to banter earning potential, judges usually want to see w-2''s and circumstances. 

Judges usually have a wide latitude when it comes to awarding alimony so you don't "hard" rules to guide you. Are you planning on asking for alimony?

In my case I was paying alimony during the divorce proceedings, lost my job, alimony was suspended but my ex was given a 2 year open hold where she could take me back to court during those 2 years to chase alimony.


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