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Relationship Discussion (non-explicit)
Reply to "What is fair in this divorce?"
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[quote=Anonymous][quote=Anonymous]From what you say, it's likely that a good portion of the assets are separate property that your husband brought to the marriage. I'm certain the "community" owns a portion of those assets but you will need a forensic accountant to determine how much. I suggest getting that number so you have an accurate accounting of what each party is entitled to. Not sure what your husband's attitude is but if I were the higher earner and my spouse was divorcing me, I would want to know what they were legally entitled to. That said... The alimony you are entitled to is not for life b/c you are not in a long term marriage. So one idea is to figure out what you'd be entitled to and for how long, then make a global settlement offer that is a lump sum payout of alimony as well as a portion of the assets. The idea is that "For purposes of settlement and to avoid a protracted legal process which will involve the court and carry significant legal costs, I will accept this amount so we can both move on. This offer is good for 30 days." So do this: Amount of community assets x 50% (your share) + Amount of likely alimony based on incomes & duration of marriage = What the courts may order. Then add a little bit and start negotiating. Your ace in the hole is that "you either pay me X, or you will pay BOTH our legal fees which will be several times X". Good luck - this is never easy.[/quote] That's quite a shakedown![/quote]
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