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My soon to be ex has worked for a national company for over 15 years, this company allows her to give away days and convert over time to days off - which she has down to a science. She is part time with a gross income available of $15,600 a year and can also go full time if she wanted too doubling this. We are divorcing in part because she refuses to contribute any funds to our bills a source of arguments for years. In 2008 her total income was under $7,000.00.

My question is will the courts look at her income as to what is possible or what was made.

Thanks

It really varies from courtroom to courtroom. Where I live, they would probably use the $7000. But, if the non-custodial parent made $7000 working part time, they would certainly use the $15,600. Only an attorney from your local jurisdiction could tell you your local court's prevailing attitude.

And it depends on the age of the children...i assume you have some which is why she works part time. If you have young children (under 6 or so--non-school age) they will likely not impute potential earnings as she spends time with the children...however, if the children are school age it is possible to have her earnings imputed at full time pay

There are no dependents as we are both about 60. For years I gave my paychecks to my wife and she paid the bills - I assumed she was contributing as well (works for Continental airlines), then in Sept of 07 I saw where she had cashed in a cd without telling me, a week or so later we took a cruise (which we did about every 3 years) the day after we return she takes a second cruise with girlfriends, a week after getting back from here she takes a trip to Europe, she home a week and lets me know she dose not have the funds to pay our property tax. I take over the bills and realize she is working as little as possible of the 20 hours available each week, contributing nothing to our bills but, using funds set aside for retirement to sublement the fact my income with the economy has slide.

We sit and I tell her we are going broke that she has to help pay our day to day expenses - told that she will not cut back on the travel (the above is an extreme example but she is off to some where at least once a month) and she will not make any changes.

She is under the impression since she has lived this lifestyle for so long a court will rule she is intitled to a larger share of our funds in a separation as Bridge Alimony. I am a real estate agent gross income last year was just $38,000 the net $25,000 so this is not a celebrity divorce and the reason we are separating is once I found out she was using retirement saving to support her travel etc and she refused to make any changes.

It's a shame that you both must divorce solely on that reason. Some people are just selfish and nothing you can do to change.

"She is under the impression since she has lived this lifestyle for so long a court will rule she is intitled to a larger share of our funds in a separation as Bridge Alimony."

Not really. You need to document of her waste of marital finance WITH YOUR OBJECTIONS (or the court will think you went along with it). Alimony is not automatic and depends on many factors. Get yourselve a good lawyer. Meanwhile don't let her access to the money since she didn't share the bills and has her own income to survive for basics for now.