Reply to What is Just Compensation for a "Life Lost"?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]OP As a rule of thumb: When one person draws up a detailed financial plan in all this detail presents it to you and your lawyer takes one glance at it and says "fine!" you are getting screwed.

Lose the argument that you would have made six figures. That's not working. But you need a good lawyer. What stands put to me is that he has a fully paid off place and you have the mortgage on the house. And 3 years does not sound like much if you have followed him for 10+. 
When you use the term following spouse does that mean you were in a foreign posting where you could not work?
It sure sounds to me like you need a good lawyer![/quote]

OP here again. The other house is not paid off. It too has a mortgage.[/quote]

I'm the "devil's advocate" pp.

FYI, for the "it's your choice, live with it" posters: Virginia law specifically permits the judge, when determining whether to enter spousal support, should consider:

1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
2. The standard of living established during the marriage;
3. The duration of the marriage; 
***
11. [b]The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential,[/b] including the length of time one or both of the parties have been absent from the job market; 
12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party

Section 20-107.1

It seems to me that she is probably entitled to some spousal support. I read yesterday that Virginia no longer automatically awards permanent spousal support, but there is a presumption that spousal support will be permanent if it was a long-term marriage, and a presumption for a limited duration if the marriage was short term. Regarding the amount, someone asked if the fairfax county formula is for child support or spousal support. I think it's for spousal support only.

Accepting OP's representation that the split is basically 50/50 on the assets & debts (though I do question what happens to the 50% equity in the home if she does not refinance), I think you should tell DH that if, as he says, he wants an end to all the fighting and a clean break, then he needs to offer [b]more [/b]than what he thinks is fair. He needs to offer [b]what she thinks is fair.[/b] That's your mantra. If he wants to fight about every little thing, fine. But if he doesn't, he has to give in.

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