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#227734 - 11/06/09 07:34 AM Am I Screwed - Assets to be devided?
Vall3 Offline
New User

Registered: 11/02/09
Posts: 3
Me and my soon to be x are about 60 there are no kids. My x feels a court will award her a larger share of our
assets and make up the difference between my ss of $1,600 per month vs hers of just $700 when we retire.

But here is the story I am a real estate agent with the housing market down in 2007 I made $38,000 and since I have to pay all taxes etc the net is just $25,000. My wife made $7000 She works for an airline that pays her $15.00 an hour so she really has available to her $15,600 and she can go full time doubling this.

For most of our marriage I would give her my pay checks, she then paid all the day to day bills. I noticed she seemed to travel more and more, the airline lets them give away days or work overtime an convert it to time off. She was doing this a lot, often I would suggest she go full time as away to maybe retire early or more comfortable. She always refused.

In September of 07 my wife in a 30 day period took two boat cruises and a trip to Europe, then informed me she did not have the funds in our account to pay our property taxes. I took over the account and also found where a month before all this she had cashed in an $8,000.00 CD. I soon realized she had not put a single dollar into our house account for years (but my income covered things) an as the economy declined and my income she started to use savings to support her lifestyle.

We have had many talks / arguments about the need for her to work more and help to pay our bills, that we are slowly going broke—she refuses and so we are divorcing.

My question is will the courts look at all this or just at the numbers and award her the larger share of what assets we have left - we are not wealthy maybe with the sale of all there will be $250,000 to be split. She thinks a court will give her Bridge Alimony and make adjustments because of the SS I feel she created this situation, there is a history known by others of my insisting she cuts back on the travel and the need for her to work.

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#227735 - 11/06/09 07:52 AM Re: Am I Screwed - Assets to be devided? [Re: Vall3]
dvd Offline
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Registered: 04/02/07
Posts: 4167
" My x feels a court will award her a larger share of our
assets and make up the difference between my ss of $1,600 per month vs hers of just $700 when we retire."

The court has final say, not how she feels. If your marriage is long, it's likely that you will pay some alimony and share some of your retirement to her since you have more.

"My wife made $7000 She works for an airline that pays her $15.00 an hour so she really has available to her $15,600 and she can go full time doubling this."

The court will go with current income as long as above minimum wage, not what expected from a person. There is no laws to force a person to work more. They only impose minimum wage in divorce case.

"For most of our marriage I would give her my pay checks, she then paid all the day to day bills. I noticed she seemed to travel more and more, the airline lets them give away days or work overtime an convert it to time off. She was doing this a lot, often I would suggest she go full time as away to maybe retire early or more comfortable. She always refused."

It's her right to choose so. Perhaps, her more frequent travel is the benefit she got from her employer. You need to think twice whether she actually wasted a lot of marital money on this fact.

"In September of 07 my wife in a 30 day period took two boat cruises and a trip to Europe, then informed me she did not have the funds in our account to pay our property taxes. I took over the account and also found where a month before all this she had cashed in an $8,000.00 CD. I soon realized she had not put a single dollar into our house account for years (but my income covered things) an as the economy declined and my income she started to use savings to support her lifestyle.'

Believe it or not but it was distance history (2007). The court will see it as if you didn't object then (by filing divorce!), then you must be OK with her. It's just part of every marriage (one is spender and one is saver) and it's not serious enough for the court to consider. You just learn to accept it and move on. However, you can document and show the court in hope that it may influence somehow.
You need to get an attorney to protect your interests, and don't bother with what she said.

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