Any chance for lower alimony or retaining more than 50% of marital assets?

jimsmythee · 2023-11-04T19:14:39+00:00

Motion for the judge to assign her a deeded income based on her education level. I did that for my exwife that refused to work.

Old-Macaroon8148 · 2023-11-04T20:08:58+00:00

They can calculate her income based on education level and major. Her refusing to work doesn’t mean she gets to milk you for more cash.

SpiritualEnema · 2023-11-04T20:24:06+00:00

Good luck in WA State buddy, I’m also here and depending on your municipality, you may well be screwed.

For instance, my lawyer told me to forget about 50/50 because it just wouldn’t happen

HerbEverstanks · 2023-11-04T23:55:18+00:00

And they / she can decide that she can't work because she has sicknesses/ailments/disorders, etc. Once one of her doctors was subpoenaed to testify (6 months later). that she can work and her income should not be $0, the judge still didn't change the order . I was taking home 19% of my income.

On the 3rd day of court, she wanted to see if id settle with paying her over 800k over 20 years until she could "retire".

Oh, and there's no children.

Gattsama · 2023-11-05T06:23:01+00:00

I also got divorced last year in WA. WA has spousal support but not everyone qualifies for it (if she hasn't worked in years she will). There are NO actually rules for spousal support in WA. But the general rule of thumb is the length is 1 year of support for every 3-4 years of marriage. That's for a mid-length marriage 5-25 years. For a long term marriage, 25 years+, each case is handled on a case by case bases. Now if you look online that mid vs long term line is sometimes 25 and sometimes 20. Again because there are no hard and fast rules. BUT if it's long term then life long support becomes possible. Not guaranteed, just possible.

So for length at 20 years = 5-7 years of support. The amount of support again has no rules. But the rule of thumb is the max would be 50% of your gross and 40% of your net. Even if she hasn't worked in years the state expects her to return to work, that's why it's spousal support (to support her until she's on her feet single again). So she will be imputed. Your imputed income is what the state thinks you can earn. Worst case they will impute you to minimum wage. But the amount can be anything you workout or the judge orders.

There are no family courts in most of WA. In King County, cases are heard by the Superior court. They do NOT want to trial these cases. The majority of cases are handled in mediation or arbitration. There is also a 90 day waiting period from when you file to when you can finalize the dissolution of marriage. Ideally, if possible, you want to apply for a court date _when_ you file. If allowed this will be issued 11mo after the date of filing. I did that by accident and it saved my ass, as it was the only thing that ultimately forced the eX to the mediation table.

Child support is based on where the kids sleep. The amount is calculated and can't really be changed. HOWEVER, that's not how it's actually paid. Let's say you make $100k a year and so does the wife. Child support is calculated at $2000/mo. You each get the kids every other week at your place. So you owe her $1k to support the kids (at her place half the time) and she owes you $1k (at your place half the time). The court will actually order zero in this case.

BUT, let's say she makes $0 and you make $100k. The kids are still 50/50 for residency. So you owe her $1000/mo in support (her $1k to you is just subtracted). It's not the number of days, but the number of midnights that count. So the goal for a lot of women is to get primary residency of the children. The more midnights they spend with her the more money she gets. Remember you can get 50/50 custody but still have unequal residency.

You both owe child support until the kids turn 18. Then that ends.

All communal assets & debts will be split 50/50. Your retirement accounts 50/50. She opened a credit card you didn't even know about or use, that debt is split 50/50. From the day you signed the marriage certificate -to- the date you file. Anything after you file is separate; IF you don't use communal funds (or debt). What you might want to consider is an unequal distribution of resources in lieu of support or to off set support. For example you give up extra equity in the home in exchange for lower spousal support.

EDIT: If you want the exact numbers in my case send me a chat and I'll give you details. Not saying I'm typical just want happened in my case. We ultimately did mediation.

Here's a good link with an overview of the divorce process in WA (articles and videos). Watch the ones that apply to you. I didn't use this group, just like them as a resource for information.

- https://www.genesislawfirm.com/divorce-washington-state

Good luck with the coming drama and BS. Stay safe out there...

OpeScuseMe74 · 2023-11-05T02:24:07+00:00

Don't know about WA, but in Ohio, spouses are entitled to half the equity in the home from the beginning of the marriage until divorce is finalized regardless of whose name is on the deed or the home loan. They are also entitled to any retirement (401k) increase during the marriage. If you had any equity or retirement assets before the marriage, that is untouched. Equitable distribution will consider any marital debt (car loans, credit cards, financed HVAC installation, stuff like that) to offset what either party might pay.

You can also go the way of a dissolution, which is an agreement offered and negotiated between the spouses. As long you both agree, the court won't have to divide everything by whatever formula is standard for that jurisdiction. If you both agree that you can divide possessions and walk away, that's up to you. If you agree to sell everything for a dollar and split it $0.50 each, that's your prerogative.

The only thing that might change alimony/spousal support or division of assets is if you can prove "wasting of the marital estate" where your collective incomes might have been used to fund affairs or gifts to affair partners. Unfortunately, infidelity isn't a legal crime, only a moral one and it doesn't affect division of assets.

Physical-Pie748 · 2023-11-04T20:59:19+00:00

thats brutal man. and unfair. good luck.

latamluv · 2023-11-04T23:30:58+00:00

Not on my case. She got $5mm at 56 years old and still got alimony and a lot. I got fucked.

BudFox_LA · 2023-11-05T01:25:56+00:00

20yrs? Damn, what state? In CA you’d be on the hook for indefinite alimony. We were married nine years, and I paid our money for 4 1/2. That last payment was an amazing feeling.

whiskey_piker · 2023-11-05T01:32:24+00:00

You’re finished. No judge is going to have you dump a person that hasn’t had a job is 20yrs on the street. Nope, you’re going to pay for her to maintain her lifestyle and she’ll be encouraged to find work.

Title	Any chance for lower alimony or retaining more than 50% of marital assets?
Author	Passive_Tuna
Upvotes	7
Comments	13
Date	November 4, 2023 6:57 PM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/17nsk0k/any_chance_for_lower_alimony_or_retaining_more/
Archive Link	https://theredarchive.com/r/Divorce_Men/any-chance-for-lower-alimony-or-retaining-more.1237396 https://theredarchive.com/post/1237396

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