# Anyone familiar with maintanance, seperation vs divorce?



## JFK1965 (Jan 23, 2015)

My wife and have decided to separate at this time, I believe she got advise from someone saying that a separation is in her best interest versus a divorce because she does not work and I have the health insurance with my employer, and she has need of health care at this time, that said, let me lay down the specifics:

We have only been together for 2 years and 7 months, married for 2 years 3 months. We lived apart during the marriage for 6 months.
We are still living together, and she wants to live together until she gets a job
She is in a job training program at this time, but it could be awhile, 6 months to a year before she is employed, she has not worked the entire time that we have been together, and I believe that she has not had a job for at least 5 years. 
She is also 16 years younger than me.
We live in the State of Wisconsin.
We do not have any kids together and no shared assets or any assets to really speak of at this time, whole other story.

My thought, if we separate vs divorce, it leaves the door open for maintenance, I don't believe that she would be eligible for maintenance due to the fact that we have not been together that long, she has shown no interest in getting a job, because of her age, she has greater potential in the work force. If we leave it open (separation) the time gets longer and I may have to pay. And at this point if I did have to pay anything, it would be a small amount, for a short period of time.

I am willing to put a stipulation in the divorce that I would cover her insurance until the end of the year, as long as I can claim her on my taxes. I am thinking that this olive branch might be the one to get her to go the divorce route if I needed to, allow us to live together until the divorce is final, means no payments to her during the divorce, might get her to agree to no maintenance in the temporary order.

Any thoughts on my plan? I really do not want to pay her any maintenance, she does not deserve it and I do not owe her anything. Has anyone had a similar situation, and maybe know of any flaws in my plan? 

Don't get me wrong, I am not trying to screw her over, I don't have money hidden, but I do not plan on supporting her any longer than I have to.


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## PBear (Nov 16, 2010)

Why not just divorce her now? How did she support herself before you? 

C


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## JFK1965 (Jan 23, 2015)

old boyfriend (very wealth) was giving her money each month, that ended when we married. He has completely washed his hands of her.

She is pushing for a legal separation, I would rather just divorce, but if she is willing to do this without attorneys and limit the cost, I will do what she wants to get the process moving. I am just not sure if I am putting myself into a worse position if I agree to a separation, or should I push hard for a divorce, and if I need be get an attorney to push for the divorce I will.


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## PBear (Nov 16, 2010)

I would talk to a local lawyer in any case, and find out your options. Be a cheap investment. 

Personally, I'd just call it done. Doesn't sound like she would have the resources to fight much anyway. 

C


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## Lon (Jun 6, 2011)

JFK1965 said:


> old boyfriend (very wealth) was giving her money each month, that ended when we married. He has completely washed his hands of her.
> 
> She is pushing for a legal separation, I would rather just divorce, but if she is willing to do this without attorneys and limit the cost, I will do what she wants to get the process moving. I am just not sure if I am putting myself into a worse position if I agree to a separation, or should I push hard for a divorce, and if I need be get an attorney to push for the divorce I will.


don't know the law in Wisconsin, but I think in most States, as it is north of the border, legal separation and divorce carry the same legal weight regarding the division of community property, spousal support and any applicable child custody & support. The main difference is that divorce frees you up in the eyes of the law to remarry someone else.

I advise you consult an attorney.


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