Questions to ask a divorce attorney

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Prepare to go back to work. If you get spousal support, it will likely be temporary and you will both have a lower standard of living if you do not go back to work.

The norm is 50/50 custody and 50/50 of assets split during the marriage as well as debt.

Many men do nothing with kids until a divorce. Prepare for that.

You don't have a lot of assets. That means you do not have money to have a costly legal battle fighting for little money you have. Be practical about the financial aspect. There are formulas for child support. Ask the attorney what is reasonable to expect financially in your situation. That is the most important thing to ask.

Did you read her OP. She works a schedule where she doesn't need to pay for childcare. I doubt it makes sense to do FT daycare since her children are so young. Summer is here now, so the second child would need to be in daycare as well. It sounds like she's doing the best she can by working on the weekends. I wouldn't give that up. She has them during the week, and dad has them on weekends seems to be the best arrangement.

That is an arrangement she is not likely to get.

I went back to work after two years out so I could divorce. The spousal support was not enough to live on. I was married for 10 years. I had to go back to work or our quality of life would have declined precipitously. The norm is 50/50. It is very hard to get a different arrangement if the dad wants 50/50. She needs to do math before deciding to divorce. And she needs to plan to go back to work to earn money. Even if she gets spousal support it is likely not enough to live on and it is only a few years. I made six figures...I was out of the work force only two years; I had to take a 15% paycut to get back in. Fortunately, a few years later, I have more than my former salary. There is no way when I wanted to divorce when I was no working when my kids were 3 and 7 that we could have divorced and I could have lived off a few years of spousal support. It is not 20 years ago. It is not what you think.

You had earning potential. OP doesn't have that. This is one of the reasons alimony was created. Did OP say she ever had a high-paying career she could jump back into? She said they have a vast difference in education. Most likely, she has an HS degree, and her DH has a PhD. She can't just get a job like her husband because she wants one.

You clearly do not get it. Her husband will not be able to afford two households on one salary...unless they drastically reduce how they live...it is all math. This is why people stay married. A vast difference in education is irrelevant. I could have gotten $3000 in alimony when I was not working and my ex made $190k. I could not live off $3,000 a month. I had to go back to work to divorce.

OP here. I could live off 3k a month. Our rent is $1600 for a 2 bedroom apartment. I am not opposed to working full-time, but I don't make enough money for it to be worth it. I need to make more than childcare.

You would not have that much forever—if you can even get that. You need to ask an attorney what is reasonable to expect and for how many years based on your numbers.

Who said she's trying to live off of it? Alimony can supplement her income until she gets training for a better paying job.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Prepare to go back to work. If you get spousal support, it will likely be temporary and you will both have a lower standard of living if you do not go back to work.

The norm is 50/50 custody and 50/50 of assets split during the marriage as well as debt.

Many men do nothing with kids until a divorce. Prepare for that.

You don't have a lot of assets. That means you do not have money to have a costly legal battle fighting for little money you have. Be practical about the financial aspect. There are formulas for child support. Ask the attorney what is reasonable to expect financially in your situation. That is the most important thing to ask.

Did you read her OP. She works a schedule where she doesn't need to pay for childcare. I doubt it makes sense to do FT daycare since her children are so young. Summer is here now, so the second child would need to be in daycare as well. It sounds like she's doing the best she can by working on the weekends. I wouldn't give that up. She has them during the week, and dad has them on weekends seems to be the best arrangement.

That is an arrangement she is not likely to get.

I went back to work after two years out so I could divorce. The spousal support was not enough to live on. I was married for 10 years. I had to go back to work or our quality of life would have declined precipitously. The norm is 50/50. It is very hard to get a different arrangement if the dad wants 50/50. She needs to do math before deciding to divorce. And she needs to plan to go back to work to earn money. Even if she gets spousal support it is likely not enough to live on and it is only a few years. I made six figures...I was out of the work force only two years; I had to take a 15% paycut to get back in. Fortunately, a few years later, I have more than my former salary. There is no way when I wanted to divorce when I was no working when my kids were 3 and 7 that we could have divorced and I could have lived off a few years of spousal support. It is not 20 years ago. It is not what you think.

You had earning potential. OP doesn't have that. This is one of the reasons alimony was created. Did OP say she ever had a high-paying career she could jump back into? She said they have a vast difference in education. Most likely, she has an HS degree, and her DH has a PhD. She can't just get a job like her husband because she wants one.

You clearly do not get it. Her husband will not be able to afford two households on one salary...unless they drastically reduce how they live...it is all math. This is why people stay married. A vast difference in education is irrelevant. I could have gotten $3000 in alimony when I was not working and my ex made $190k. I could not live off $3,000 a month. I had to go back to work to divorce.

OP here. I could live off 3k a month. Our rent is $1600 for a 2 bedroom apartment. I am not opposed to working full-time, but I don't make enough money for it to be worth it. I need to make more than childcare.

You would not have that much forever—if you can even get that. You need to ask an attorney what is reasonable to expect and for how many years based on your numbers.

Who said she's trying to live off of it? Alimony can supplement her income until she gets training for a better paying job.

You’re not getting it again because you can’t read I already said she’s going to have to get a better job of course alimony is only temporary for her to get training to get a better job! The point is it’s temporary and she’s not going to be able to have her current position forever. The only thing that matters to find out is the numbers of what she can expect in child support and if she’s entitled to any spousal support and how much that could possibly be and for how long.

[Anonymous]

Anonymous wrote:

Anonymous wrote:How much does your DH make? If you only have $80K in assets I'm going to assume he makes less than $100K. Remember that alimony is no longer tax deductible for the payor or taxable income for the recipient so if my guess is right the amount of alimony probably won't be very high.

140k and 160k with his bonus. This is net pay.

Good luck supporting two households on that.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Prepare to go back to work. If you get spousal support, it will likely be temporary and you will both have a lower standard of living if you do not go back to work.

The norm is 50/50 custody and 50/50 of assets split during the marriage as well as debt.

Many men do nothing with kids until a divorce. Prepare for that.

You don't have a lot of assets. That means you do not have money to have a costly legal battle fighting for little money you have. Be practical about the financial aspect. There are formulas for child support. Ask the attorney what is reasonable to expect financially in your situation. That is the most important thing to ask.

Did you read her OP. She works a schedule where she doesn't need to pay for childcare. I doubt it makes sense to do FT daycare since her children are so young. Summer is here now, so the second child would need to be in daycare as well. It sounds like she's doing the best she can by working on the weekends. I wouldn't give that up. She has them during the week, and dad has them on weekends seems to be the best arrangement.

That is an arrangement she is not likely to get.

I went back to work after two years out so I could divorce. The spousal support was not enough to live on. I was married for 10 years. I had to go back to work or our quality of life would have declined precipitously. The norm is 50/50. It is very hard to get a different arrangement if the dad wants 50/50. She needs to do math before deciding to divorce. And she needs to plan to go back to work to earn money. Even if she gets spousal support it is likely not enough to live on and it is only a few years. I made six figures...I was out of the work force only two years; I had to take a 15% paycut to get back in. Fortunately, a few years later, I have more than my former salary. There is no way when I wanted to divorce when I was no working when my kids were 3 and 7 that we could have divorced and I could have lived off a few years of spousal support. It is not 20 years ago. It is not what you think.

You had earning potential. OP doesn't have that. This is one of the reasons alimony was created. Did OP say she ever had a high-paying career she could jump back into? She said they have a vast difference in education. Most likely, she has an HS degree, and her DH has a PhD. She can't just get a job like her husband because she wants one.

You clearly do not get it. Her husband will not be able to afford two households on one salary...unless they drastically reduce how they live...it is all math. This is why people stay married. A vast difference in education is irrelevant. I could have gotten $3000 in alimony when I was not working and my ex made $190k. I could not live off $3,000 a month. I had to go back to work to divorce.

OP here. I could live off 3k a month. Our rent is $1600 for a 2 bedroom apartment. I am not opposed to working full-time, but I don't make enough money for it to be worth it. I need to make more than childcare.

You would not have that much forever—if you can even get that. You need to ask an attorney what is reasonable to expect and for how many years based on your numbers.

Who said she's trying to live off of it? Alimony can supplement her income until she gets training for a better paying job.

You’re not getting it again because you can’t read I already said she’s going to have to get a better job of course alimony is only temporary for her to get training to get a better job! The point is it’s temporary and she’s not going to be able to have her current position forever. The only thing that matters to find out is the numbers of what she can expect in child support and if she’s entitled to any spousal support and how much that could possibly be and for how long.

Stop making this about you, PP. Most people know it's temporary. I'm not sure why you keep pounding that idea. Eventually, she'll need a better job or a boyfriend or something. People get divorced all the time. The judge isn't like, nope, you guys can't afford it, so I can't allow it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How much does your DH make? If you only have $80K in assets I'm going to assume he makes less than $100K. Remember that alimony is no longer tax deductible for the payor or taxable income for the recipient so if my guess is right the amount of alimony probably won't be very high.

140k and 160k with his bonus. This is net pay.

Good luck supporting two households on that.

OP works PT. He would need to supplement the difference. It is not the same as supporting two incomes. $1600 a month in rent is cheap.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Prepare to go back to work. If you get spousal support, it will likely be temporary and you will both have a lower standard of living if you do not go back to work.

The norm is 50/50 custody and 50/50 of assets split during the marriage as well as debt.

Many men do nothing with kids until a divorce. Prepare for that.

You don't have a lot of assets. That means you do not have money to have a costly legal battle fighting for little money you have. Be practical about the financial aspect. There are formulas for child support. Ask the attorney what is reasonable to expect financially in your situation. That is the most important thing to ask.

Did you read her OP. She works a schedule where she doesn't need to pay for childcare. I doubt it makes sense to do FT daycare since her children are so young. Summer is here now, so the second child would need to be in daycare as well. It sounds like she's doing the best she can by working on the weekends. I wouldn't give that up. She has them during the week, and dad has them on weekends seems to be the best arrangement.

That is an arrangement she is not likely to get.

I went back to work after two years out so I could divorce. The spousal support was not enough to live on. I was married for 10 years. I had to go back to work or our quality of life would have declined precipitously. The norm is 50/50. It is very hard to get a different arrangement if the dad wants 50/50. She needs to do math before deciding to divorce. And she needs to plan to go back to work to earn money. Even if she gets spousal support it is likely not enough to live on and it is only a few years. I made six figures...I was out of the work force only two years; I had to take a 15% paycut to get back in. Fortunately, a few years later, I have more than my former salary. There is no way when I wanted to divorce when I was no working when my kids were 3 and 7 that we could have divorced and I could have lived off a few years of spousal support. It is not 20 years ago. It is not what you think.

You had earning potential. OP doesn't have that. This is one of the reasons alimony was created. Did OP say she ever had a high-paying career she could jump back into? She said they have a vast difference in education. Most likely, she has an HS degree, and her DH has a PhD. She can't just get a job like her husband because she wants one.

You clearly do not get it. Her husband will not be able to afford two households on one salary...unless they drastically reduce how they live...it is all math. This is why people stay married. A vast difference in education is irrelevant. I could have gotten $3000 in alimony when I was not working and my ex made $190k. I could not live off $3,000 a month. I had to go back to work to divorce.

OP here. I could live off 3k a month. Our rent is $1600 for a 2 bedroom apartment. I am not opposed to working full-time, but I don't make enough money for it to be worth it. I need to make more than childcare.

You would not have that much forever—if you can even get that. You need to ask an attorney what is reasonable to expect and for how many years based on your numbers.

Who said she's trying to live off of it? Alimony can supplement her income until she gets training for a better paying job.

You’re not getting it again because you can’t read I already said she’s going to have to get a better job of course alimony is only temporary for her to get training to get a better job! The point is it’s temporary and she’s not going to be able to have her current position forever. The only thing that matters to find out is the numbers of what she can expect in child support and if she’s entitled to any spousal support and how much that could possibly be and for how long.

Stop making this about you, PP. Most people know it's temporary. I'm not sure why you keep pounding that idea. Eventually, she'll need a better job or a boyfriend or something. People get divorced all the time. The judge isn't like, nope, you guys can't afford it, so I can't allow it.

I am not making it about me. I am making it about numbers. Of course, she can get divorced. And live in poverty. She needs to do math.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How much does your DH make? If you only have $80K in assets I'm going to assume he makes less than $100K. Remember that alimony is no longer tax deductible for the payor or taxable income for the recipient so if my guess is right the amount of alimony probably won't be very high.

140k and 160k with his bonus. This is net pay.

Good luck supporting two households on that.

OP works PT. He would need to supplement the difference. It is not the same as supporting two incomes. $1600 a month in rent is cheap.

That is not how spousal support works. You clearly have not been divorced.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How much does your DH make? If you only have $80K in assets I'm going to assume he makes less than $100K. Remember that alimony is no longer tax deductible for the payor or taxable income for the recipient so if my guess is right the amount of alimony probably won't be very high.

140k and 160k with his bonus. This is net pay.

Good luck supporting two households on that.

OP works PT. He would need to supplement the difference. It is not the same as supporting two incomes. $1600 a month in rent is cheap.

That is not how spousal support works. You clearly have not been divorced.

They can agree on a number. Again, your divorce isn't the same as everyone else.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Prepare to go back to work. If you get spousal support, it will likely be temporary and you will both have a lower standard of living if you do not go back to work.

The norm is 50/50 custody and 50/50 of assets split during the marriage as well as debt.

Many men do nothing with kids until a divorce. Prepare for that.

You don't have a lot of assets. That means you do not have money to have a costly legal battle fighting for little money you have. Be practical about the financial aspect. There are formulas for child support. Ask the attorney what is reasonable to expect financially in your situation. That is the most important thing to ask.

Did you read her OP. She works a schedule where she doesn't need to pay for childcare. I doubt it makes sense to do FT daycare since her children are so young. Summer is here now, so the second child would need to be in daycare as well. It sounds like she's doing the best she can by working on the weekends. I wouldn't give that up. She has them during the week, and dad has them on weekends seems to be the best arrangement.

That is an arrangement she is not likely to get.

I went back to work after two years out so I could divorce. The spousal support was not enough to live on. I was married for 10 years. I had to go back to work or our quality of life would have declined precipitously. The norm is 50/50. It is very hard to get a different arrangement if the dad wants 50/50. She needs to do math before deciding to divorce. And she needs to plan to go back to work to earn money. Even if she gets spousal support it is likely not enough to live on and it is only a few years. I made six figures...I was out of the work force only two years; I had to take a 15% paycut to get back in. Fortunately, a few years later, I have more than my former salary. There is no way when I wanted to divorce when I was no working when my kids were 3 and 7 that we could have divorced and I could have lived off a few years of spousal support. It is not 20 years ago. It is not what you think.

You had earning potential. OP doesn't have that. This is one of the reasons alimony was created. Did OP say she ever had a high-paying career she could jump back into? She said they have a vast difference in education. Most likely, she has an HS degree, and her DH has a PhD. She can't just get a job like her husband because she wants one.

You clearly do not get it. Her husband will not be able to afford two households on one salary...unless they drastically reduce how they live...it is all math. This is why people stay married. A vast difference in education is irrelevant. I could have gotten $3000 in alimony when I was not working and my ex made $190k. I could not live off $3,000 a month. I had to go back to work to divorce.

OP here. I could live off 3k a month. Our rent is $1600 for a 2 bedroom apartment. I am not opposed to working full-time, but I don't make enough money for it to be worth it. I need to make more than childcare.

You would not have that much forever—if you can even get that. You need to ask an attorney what is reasonable to expect and for how many years based on your numbers.

Who said she's trying to live off of it? Alimony can supplement her income until she gets training for a better paying job.

You’re not getting it again because you can’t read I already said she’s going to have to get a better job of course alimony is only temporary for her to get training to get a better job! The point is it’s temporary and she’s not going to be able to have her current position forever. The only thing that matters to find out is the numbers of what she can expect in child support and if she’s entitled to any spousal support and how much that could possibly be and for how long.

Stop making this about you, PP. Most people know it's temporary. I'm not sure why you keep pounding that idea. Eventually, she'll need a better job or a boyfriend or something. People get divorced all the time. The judge isn't like, nope, you guys can't afford it, so I can't allow it.

I am not making it about me. I am making it about numbers. Of course, she can get divorced. And live in poverty. She needs to do math.

If she's working a minimum wage job, I'm sure she's aware of that. Its better than being in an abusive relationship.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How much does your DH make? If you only have $80K in assets I'm going to assume he makes less than $100K. Remember that alimony is no longer tax deductible for the payor or taxable income for the recipient so if my guess is right the amount of alimony probably won't be very high.

140k and 160k with his bonus. This is net pay.

Good luck supporting two households on that.

OP works PT. He would need to supplement the difference. It is not the same as supporting two incomes. $1600 a month in rent is cheap.

+1 with her PT salary and his 160k, they can afford to pay $1600 in rent. Unless she's been living a luxury lifestyle which sounds like she's not they will be fine.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How much does your DH make? If you only have $80K in assets I'm going to assume he makes less than $100K. Remember that alimony is no longer tax deductible for the payor or taxable income for the recipient so if my guess is right the amount of alimony probably won't be very high.

140k and 160k with his bonus. This is net pay.

Good luck supporting two households on that.

OP works PT. He would need to supplement the difference. It is not the same as supporting two incomes. $1600 a month in rent is cheap.

That is not how spousal support works. You clearly have not been divorced.

They can agree on a number. Again, your divorce isn't the same as everyone else.

Men usually just do not "agree" to do what is best for the woman. No divorce is the same, but this aspect is pretty much universal. She needs to ask an attorney what is reasonable to expect and then go from there. I waited until my kids were in elementary. Many people do due to childcare costs. People underestimate how expensive it is for both parents to have their own households after a divorce. If one person is working little or not at all, then the money for one household goes toward two and both people have to really downgrade. This is reality. Before making a decision about divorce people have to be realistic about what that means financially and when is a good time to do it. I was also in a bad marriage.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How much does your DH make? If you only have $80K in assets I'm going to assume he makes less than $100K. Remember that alimony is no longer tax deductible for the payor or taxable income for the recipient so if my guess is right the amount of alimony probably won't be very high.

140k and 160k with his bonus. This is net pay.

Good luck supporting two households on that.

OP works PT. He would need to supplement the difference. It is not the same as supporting two incomes. $1600 a month in rent is cheap.

+1 with her PT salary and his 160k, they can afford to pay $1600 in rent. Unless she's been living a luxury lifestyle which sounds like she's not they will be fine.

They will EACH have rent. They will EACH have household bills (cable, electric, gas, insurance, etc). We are not talking about $1600. Double that, plus double bills...then add childcare and minus that. Then minus groceries and a car payment. My guess there is zero left to save for retirement and no wiggle room for an emergency. If she is only working PT, she needs to plan now for a career that will earn money if/when spousal support runs out in a few years. Retraining takes more money and more time. These are all factors. She needs an attorney consult and then go from there.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How much does your DH make? If you only have $80K in assets I'm going to assume he makes less than $100K. Remember that alimony is no longer tax deductible for the payor or taxable income for the recipient so if my guess is right the amount of alimony probably won't be very high.

140k and 160k with his bonus. This is net pay.

Good luck supporting two households on that.

OP works PT. He would need to supplement the difference. It is not the same as supporting two incomes. $1600 a month in rent is cheap.

That is not how spousal support works. You clearly have not been divorced.

They can agree on a number. Again, your divorce isn't the same as everyone else.

Men usually just do not "agree" to do what is best for the woman. No divorce is the same, but this aspect is pretty much universal. She needs to ask an attorney what is reasonable to expect and then go from there. I waited until my kids were in elementary. Many people do due to childcare costs. People underestimate how expensive it is for both parents to have their own households after a divorce. If one person is working little or not at all, then the money for one household goes toward two and both people have to really downgrade. This is reality. Before making a decision about divorce people have to be realistic about what that means financially and when is a good time to do it. I was also in a bad marriage.

Her rent is $1600. Its safe to say they're okay with downgrading.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How much does your DH make? If you only have $80K in assets I'm going to assume he makes less than $100K. Remember that alimony is no longer tax deductible for the payor or taxable income for the recipient so if my guess is right the amount of alimony probably won't be very high.

140k and 160k with his bonus. This is net pay.

Good luck supporting two households on that.

OP works PT. He would need to supplement the difference. It is not the same as supporting two incomes. $1600 a month in rent is cheap.

+1 with her PT salary and his 160k, they can afford to pay $1600 in rent. Unless she's been living a luxury lifestyle which sounds like she's not they will be fine.

They will EACH have rent. They will EACH have household bills (cable, electric, gas, insurance, etc). We are not talking about $1600. Double that, plus double bills...then add childcare and minus that. Then minus groceries and a car payment. My guess there is zero left to save for retirement and no wiggle room for an emergency. If she is only working PT, she needs to plan now for a career that will earn money if/when spousal support runs out in a few years. Retraining takes more money and more time. These are all factors. She needs an attorney consult and then go from there.

She doesn't need childcare since she works on the weekends. How do you know there's a car payment? You live in a bubble. People of all incomes get divorced. If OP thinks it's right, she should do it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How much does your DH make? If you only have $80K in assets I'm going to assume he makes less than $100K. Remember that alimony is no longer tax deductible for the payor or taxable income for the recipient so if my guess is right the amount of alimony probably won't be very high.

140k and 160k with his bonus. This is net pay.

Good luck supporting two households on that.

OP works PT. He would need to supplement the difference. It is not the same as supporting two incomes. $1600 a month in rent is cheap.

+1 with her PT salary and his 160k, they can afford to pay $1600 in rent. Unless she's been living a luxury lifestyle which sounds like she's not they will be fine.

They will EACH have rent. They will EACH have household bills (cable, electric, gas, insurance, etc). We are not talking about $1600. Double that, plus double bills...then add childcare and minus that. Then minus groceries and a car payment. My guess there is zero left to save for retirement and no wiggle room for an emergency. If she is only working PT, she needs to plan now for a career that will earn money if/when spousal support runs out in a few years. Retraining takes more money and more time. These are all factors. She needs an attorney consult and then go from there.

She doesn't need childcare since she works on the weekends. How do you know there's a car payment? You live in a bubble. People of all incomes get divorced. If OP thinks it's right, she should do it.

Once she’s divorced she’s not going to be able to just work on weekends.