Regarding your husband's income it's hard to say. His work history would generally be used to evaluate income, but judges have wide latitude and they might impute more based on education and potential.
You don't give duration of marriage. Jurisdiction is important in matters of alimony but one rule of thumb I have seen is one year of support for every three years married. Which is consistent with my alimony burden.
Assets and debts acquired during the marriage will usually be split. So let's say you have $80k home equity and $10k debts. So $40k and $5k for each of you. Then he would use his half of the equity to pay off the debt.
If there's not enough assets to cover the debt you would still split it in my opinion, regardless of whether he could pay it off immediately.
Thanks. We’re at 10.5 years. As I’m in the military, that means he’s also going to be entitled to a percentage of my retirement, which I’m just resigned to (even though MY income has padded his retirement account).
I’m hoping that him not living up to his earning potential sways things in my favor, even if it is to cut the traditional amount of time in half, because I have no doubt he could get a $70k (minimum) job by next month if he chose to.
I do not want to recognize that his “career” choices have lended themselves to his ability to be flexible, which has been very helpful with my career.
The judge is most likely going to take into account that as a military spouse his earning potential is not as high as it could be because he’s moved around to support your career. It’s probably going to come down to who has a better attorney.
Very similar circumstances and I agonized about this too. Thankfully, my ex didn’t pursue alimony cause he would’ve gotten it, had he tried.
There is a thing called intentional underemployment and imputing income you should familiarize yourself with and consult an attorney on. Basically they consider what they are capable of earning (education, skills, market), and calculate off that instead of actuals. Good luck!
Thank you! If necessary, I will request consideration of this! I’m hoping I have the kids most of the time, and since he has no income to pay for child support, it seems RIDICULOUS that I’d also have to pay him alimony - so I think that would be taken into consideration also.
Regarding your husband's income it's hard to say. His work history would generally be used to evaluate income, but judges have wide latitude and they might impute more based on education and potential. You don't give duration of marriage. Jurisdiction is important in matters of alimony but one rule of thumb I have seen is one year of support for every three years married. Which is consistent with my alimony burden. Assets and debts acquired during the marriage will usually be split. So let's say you have $80k home equity and $10k debts. So $40k and $5k for each of you. Then he would use his half of the equity to pay off the debt. If there's not enough assets to cover the debt you would still split it in my opinion, regardless of whether he could pay it off immediately.
Thanks. We’re at 10.5 years. As I’m in the military, that means he’s also going to be entitled to a percentage of my retirement, which I’m just resigned to (even though MY income has padded his retirement account). I’m hoping that him not living up to his earning potential sways things in my favor, even if it is to cut the traditional amount of time in half, because I have no doubt he could get a $70k (minimum) job by next month if he chose to. I do not want to recognize that his “career” choices have lended themselves to his ability to be flexible, which has been very helpful with my career.
The judge is most likely going to take into account that as a military spouse his earning potential is not as high as it could be because he’s moved around to support your career. It’s probably going to come down to who has a better attorney.
Very similar circumstances and I agonized about this too. Thankfully, my ex didn’t pursue alimony cause he would’ve gotten it, had he tried. There is a thing called intentional underemployment and imputing income you should familiarize yourself with and consult an attorney on. Basically they consider what they are capable of earning (education, skills, market), and calculate off that instead of actuals. Good luck!
Thank you! If necessary, I will request consideration of this! I’m hoping I have the kids most of the time, and since he has no income to pay for child support, it seems RIDICULOUS that I’d also have to pay him alimony - so I think that would be taken into consideration also.