how does alimony work when salaries are uneven

[Mongo68]

I make about 4x what the wife makes. We are getting divorced. She is fully capable of earning more money. When we are discussing dividing expenses moving forward and debt etc..... Is it based on what we both currently bring in? in other words- do I get stuck paying more cause I make more? or do some courts/states divide it up and it's up to her to pay her end. (even if that means she will need to make more income since she is able) She has a college degree but works as a teachers aid... Do court/states look at this and look at what her earning potential "Can" be vs. using my salary for example

[d0nnivain]

This is a Q you need to ask a lawyer. It varies by state & situation.

 

 

Many times it's based on current earnings. Alimony is rarely permanent anymore. But rehabilitative alimony for a specific period is favored. In certain circumstances if one spouse can prove the other is underemployed by choice (very tough to do in this economy), that spouse's earning potential rather than actual earnings may be used to calculate alimony but a lot goes into that. If you wife earns less because she spent time on a mommy track, she will not be penalized for that & you may have to pay based on her actual earnings.

[salparadise]

They will most likely set it such that the two of you will have similar lifestyles for a period of time (based on length of marriage). You'll probably have to pay half of the difference, or roughly 1.5 times what she's earning now. But there are a lot of variables, so consult your lawyer.

[aileD]

There are alimony calculators online that can give you an idea of what you may have to pay and for how long. Make sure to google the ones for your state.

 

If she has a college degree and is a teachers aid because she's raising your kids and that's the job that allows them not to be in daycare--....yeah you're going to have to pay alimony.

 

Most states do it now for a period of five years which is to help the lower earning spouse get back on their feet .

[JuneL]

This is a Q you need to ask a lawyer. It varies by state & situation.

 

 

Many times it's based on current earnings. Alimony is rarely permanent anymore. But rehabilitative alimony for a specific period is favored. In certain circumstances if one spouse can prove the other is underemployed by choice (very tough to do in this economy), that spouse's earning potential rather than actual earnings may be used to calculate alimony but a lot goes into that. If you wife earns less because she spent time on a mommy track, she will not be penalized for that & you may have to pay based on her actual earnings.

 

Can you clarify what "in this economy" means? Is the US unemployment rate not pretty low now? It has been below 5% for a while!

[anika99]

Your title question is about alimony but then the question in your post is about splitting debt. Not sure how those two things are tied together. Perhaps if you take more of the debt you won't have to pay as much alimony. I also see from another of your post where you say you have children. Two are over 18 but are they still financially dependent?

 

In any case you really need to consult with a lawyer as there are too many variables for anybody here to be able to answer your divorce questions with any certainty.

[d0nnivain]

Can you clarify what "in this economy" means? Is the US unemployment rate not pretty low now? It has been below 5% for a while!

 

 

The only reason is the unemployment rate is so "low" has to do with how it's calculated. It has nothing to do with people actually finding work. While somebody is out of work collecting, they are considered unemployed. Once that period of time ends, the person is no longer counted. Those people didn't get jobs. They just stopped being counted. Similarly, students who never had jobs are not counted. Neither are SAHP's trying to get back into the workforce. So the statistic is very misleading.

[JuneL]

The only reason is the unemployment rate is so "low" has to do with how it's calculated. It has nothing to do with people actually finding work. While somebody is out of work collecting, they are considered unemployed. Once that period of time ends, the person is no longer counted. Those people didn't get jobs. They just stopped being counted. Similarly, students who never had jobs are not counted. Neither are SAHP's trying to get back into the workforce. So the statistic is very misleading.

 

Of course it's never a perfect indicator (you can also argue that drug dealing or housework is not counted toward the GDP), but you can see the general trend. There's been a lot more hiring and a lot less massive layoffs compared to the years after the financial crisis.

[JuneL]

Of course it's never a perfect indicator (you can also argue that drug dealing or housework is not counted toward the GDP), but you can see the general trend. There's been a lot more hiring and a lot less massive layoffs compared to the years after the financial crisis.

 

Sorry for the digression, OP. But yeah, consult a lawyer. Maybe your wife wants to work more after the divorce voluntarily.

[CarolynTFrank]

Whats the situation now? have you consulted a lawyer yet? Divorce is the sensitive issue and should be handled with care. Divorce lawyers focus on any and all matters concerning divorce. This applies to any proceedings including alimony or spousal payments. Visiting great sites in hunt for a lawyers may be helpful.