Things needing extra attention in divorcé settlement negotiation

FUMoney · 2024-10-29T04:43:23+00:00

I’m drafting the divorce settlement agreement

This is your first mistake. A court-ordered divorce decree can affect you for years, maybe even decades. You better get legal counsel because, at a five year marriage with joint tax returns, you better know how to separate everything and ensure there are no financial entanglements post-divorce.

wife very likely requires alimony.

This is your second mistake, and another big one. What your wife "requires" is irrelevant. What does matter are the statutes and caselaw concerning your divorce jurisdiction. Two young people, no kids, five year marriage, you should be gunning for zero alimony / support. And even if it is awarded, it should be for a very short time, and at minimal amounts. Only when you hit ten years of marriage do the longer, more painful spousal support awards start cropping up.

But, don't do this yourself. You don't know what you are doing. And you could really fuck it up, allowing your ex-wife to come back years, maybe even a decade later, demanding more money, more spousal support, and who the hell knows what else.

Don't be dumb. Five year marriage? Get a lawyer to draft your settlement agreement. If the wife is unreasonable, go to trial.

If you fuck this up, and you drafted it yourself, you will not un-fuck a legal disaster of your own making. To the contrary, the courts are going to ram your settlement agreement right up your ass. It happens every day.

You know what the other side will say? "The parties reached agreement and drafted a settlement agreement, your Honor. In fact, the ex-husband drafted the settlement agreement himself. This writing is incontrovertible evidence of his assent, and confirms beyond any doubt this is what the parties intended." Know what the judge will say? "The Court rejects ex-husband's objection to his own settlement agreement. The parties agreed. The Court will maintain the status-quo. The Court will not disturb the carefully-crafted agreement that both parties wrote, agreed to, and submitted for judicial approval."

techrmd3 · 2024-10-29T01:20:23+00:00

DUDE you have 3 cars and can't fork over a few bucks to get a lawyer... are you kidding me?

do you also do heart surgery on yourself first THEN contact a doctor to see how its going?

GET A LAWYER.

In your state there may be no requirement for Alimony for a 5 year marriage.

If not required don't pay alimony. If you want to be generous a pay out at Asset division.

and Mr 3 car person... what's to say that you don't have to consider asset division? Hmmm? If she has been in school (obviously you paid for that), and she didn't work

is she entitled to ANY assets from the community? ASK A LAWYER

I would think you likely owe her for the last year of College and then bye farewell.

About Alimony though make sure if you have to pay it that it is TIME Limited. If she finds a new man and gets married and supported by HIM... and your Alimony becomes play money for vacations... well you will be very mad at that outcome no? So yeah pay at most 2 years.

Reflog1791 · 2024-10-28T23:25:51+00:00

Start with 0 alimony. 5 years too short. Make them sweat to get 18 months of $200 alimony. Pay it off up front and be done with this.

EnvironmentalAd3558 · 2024-10-28T21:29:58+00:00

When doing the assets/debts division pay off any joint debt or take it with offsets so that she can’t default on it making you pay to preserve your credit worthiness. You want to have no financial entanglements with her in the future. NONE.

Sleeveless_N_Seattle · 2024-10-28T21:16:06+00:00

You married her when she was 18 and you were 27!!??

Why alimony? Did you float her through college? Is she qualified to work in her field yet?

If there was infidelity on her part, it could affect alimony. This varies by state, so check into that if applicable.

EvalCrux · 2024-10-28T19:56:22+00:00

Yeah no long term alimony if any in modern equality minded cases. Especially before 5 year mark.

Sinuks · 2024-10-28T19:51:31+00:00

Why is alimony required? She just finished school at 23, and you were only married 5 years.

Title	Things needing extra attention in divorcé settlement negotiation
Author	Top_Pass4782
Upvotes	3
Comments	8
Date	October 28, 2024 7:40 PM UTC (1 year ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1geb4jb/things_needing_extra_attention_in_divorcé/
Archive Link	https://theredarchive.com/r/Divorce_Men/things-needing-extra-attention-in-divorce.1534071 https://theredarchive.com/post/1534071

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