QUESTION

How will alimony be computed when I divorce my wife?

Asked on Dec 29th, 2013 on Divorce - Florida
More details to this question:
I have been married 13 years and my wife is 12 years younger than I am. Given that I plan to retire in 6 years, how does her future earning potential, considering her normal Social Security retirement age, affect the amount of alimony that is paid? The difference in our current salaries is $33K, $83K vs $50K.
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6 ANSWERS

Spousal Support will be figured off current income and standard of living during marriage as well as all of the factors found in Family Code Section 4320 If in the future you retire and she receives some of your retirement as income and you are then receiving less in income you would then move the court to modify the support amount at that time
Answered on Jan 02nd, 2014 at 8:23 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Alimony is an equitable thing.. if she makes $50K a year she will most likely not even get alimony.
Answered on Jan 02nd, 2014 at 8:22 AM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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Before you do anything else, research 8 to 10 divorce attorneys (try to start with 8 to 10 good attorneys as opposed to just any old attorneys there is an overabundance of lawyers currently on the market, and many of them claim to be divorce attorneys because he can't think of anything better to do). You have a golden opportunity to take control of your divorce situation, but only if you play your cards right and right from the beginning. The good news about alimony for you, is that your wife has a job, which will make a claim for alimony weaker than they would be had she been a homemaker on employed outside the home. You have also been married for a relatively short period of time compared to couples who have been married for 20 years or more. Both of these things work in your favor. You are also six years away from retirement, a fact that you should play up when discussing alimony, whether it's with your wife or with the court. You need to be able to prove that you only have about six years of good working time left in you, and thus at most six years of ability to pay alimony left. Finally, because there is a 12 year gap in your ages, with your wife being 12 years your junior, that makes it harder for her to claim that she is and will be financially dependent upon you. I am sorry that you are getting divorced. Truly. But if you have determined the divorce is where you are headed, do it right now. The longer you stay married, the worse your alimony exposure will be and the harder it will be to argue against alimony or a short period of alimony. if you think your divorce will be or can be inexpensive, you are a damn fool. Please do the smart thing and realize that you will have to spend money to save money on the alimony front and in other areas of your divorce. Now is the time to invest in the best legal representation you can afford. High quality legal representation will more than pay for itself. Your case will not be an easy one, although it will not be as hard as others I have seen if and only if you start laying the groundwork now and utilize the services of an excellent divorce attorney to ensure you make no missteps and present your arguments persuasively.
Answered on Jan 02nd, 2014 at 8:22 AM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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The mere fact that you make more money than her doesn't mean that she will necessarily get alimony. If she earns $50k per year, then she may not have the need for it, and with only a 13 year marriage (which is considered a moderate term marriage), she may not have the entitlement to it or may only be entitled to some assistance for a short period of time (like one or two years). You should consult with an attorney in order to best determine your potential rights and options.
Answered on Jan 02nd, 2014 at 8:21 AM

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Alimony is usually calculated using length of marriage, living conditions/standards during the marriage, current living conditions/standards and other less important parameters. Alimony can be, and usually is, a negotiated amount.
Answered on Jan 02nd, 2014 at 8:17 AM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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If you're in Texas, a woman who makes $50K is unlikely to get post-divorce spousal support from a man who makes $83K.
Answered on Jan 02nd, 2014 at 8:17 AM

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