ExpertLaw.com Forums

Alimony After 5-Year Marriage

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 3 1 2 3 Next LastLast
  • 08-01-2014, 07:04 PM
    RLane
    Alimony After 5-Year Marriage
    My question involves a marriage in the state of: Illinois

    I'm currently going through divorce and I would like to have a better idea about how much alimony I might be paying.

    I've been married for 5-year with two kids , my soon-to-be ex is a SAHM and hasn't worked for the past 4 years. She has a college degree from a good university and she's 30-year old . The only debt we have is the house mortgage. I'm making more than 100k/annually. I spend a good amount of time with my kids , I see them at least 4 days/ per week and spend every other weekend with them.

    I plan to offer two years alimony and the amount will be 20% of my income(I'll also pay child support). After the house gets sold, the money will be split 50-50.

    Does this offer sound fair?
  • 08-01-2014, 07:09 PM
    Disagreeable
    Re: Alimony After 5-Year Marriage
    Yep, she is usually good for one year of marriage for each month of alimony. This is very generous.
  • 08-01-2014, 07:40 PM
    Dogmatique
    Re: Alimony After 5-Year Marriage
    I think you might be screwing yourself actually.

    50/50 of any equity gained during the marriage, yes. 50/50 of the proceeds of the sale? I wouldn't sign for that if I were in your shoes.

    I also wouldn't be offering any alimony at all for a 5 year marriage to someone who has a degree and she's 30 years old. In fact, I'd fight it right up until my attorney told me it was hopeless to fight it.

    And you DO need an attorney if that's what she's asking for.
  • 08-01-2014, 08:08 PM
    Mr. Knowitall
    Re: Alimony After 5-Year Marriage
    Although there's certainly no "month of alimony per year of marriage" rule, the fact that mom stayed out of the workforce for four years will make it considerably more difficult for her to find employment, and that was the result of a mutual decision -- the purpose being to allow the stay-at-home spouse to seek additional training or education or seek employment that will provide self sufficiency. Rehabilitative support is not unreasonable, and depending on the circumstances a two year period (perhaps with support ending early upon remarriage, or other factors deemed acceptable by the parties) may be reasonable. The alimony provision should be drafted or reviewed by the payor's lawyer, particularly if the understanding is that the term of support will be non-modifiable.
  • 08-01-2014, 08:37 PM
    Dogmatique
    Re: Alimony After 5-Year Marriage
    She's 30, with am apparently decent degree - it would not be unreasonable to argue that she's more than capable of joining the workforce sooner rather than later. She hasn't really given up a career in order to raise the children.

    Still, an attorney is the best move.
  • 08-01-2014, 09:56 PM
    RLane
    Re: Alimony After 5-Year Marriage
    Thanks a lot for the reply!

    I do have an attorney and we're working on the alimony and child support details now. I'm willing to make an offer which both parties can agree with, however, my soon-to-be ex is asking 20% of my income for 4 years alimony. Her reasons are she has no family in this state to help her and she feels she can provide good cares for the kids if she can continuously to be a SAHM.

    I told my attorney what I'm willing to pay --- 20% of my income for 2 years alimony and 28% of my income for child support , but my attorney is not 100% supporting my decision. I'm just wondering if it's better to go to court and let the judge decide. It's been a tough battle and I'm really tired of it.
  • 08-01-2014, 10:26 PM
    Dogmatique
    Re: Alimony After 5-Year Marriage
    Follow your attorney's lead. We can't second guess him but is it safe to assume he balked too, wanting you to offer less? He knows the judges in your area - he'll have a decent idea of how things go.
  • 08-01-2014, 11:04 PM
    CourtClerk
    Re: Alimony After 5-Year Marriage
    4 years of alimony for a 5 year marriage? She needs to pull her head out of her arse. If your attorney thinks that's a good idea, you might want to start consulting other attorneys. A 30 year old should be able to enter the workforce pretty easily. Don't roll over and play dead.
  • 08-02-2014, 05:42 AM
    llworking
    Re: Alimony After 5-Year Marriage
    Quote:

    Quoting Dogmatique
    View Post
    She's 30, with am apparently decent degree - it would not be unreasonable to argue that she's more than capable of joining the workforce sooner rather than later. She hasn't really given up a career in order to raise the children.

    Still, an attorney is the best move.

    I dunno....they have been married for 5 years so I am assuming the children are under school age. A quick joining of the workforce could very well result in wages that don't net out to much more than daycare would cost...and then dad would have to pay for the bulk of the daycare also.

    So, lets say that daycare is 250.00 a week for two kids (and that is if mom gets a pretty good deal on the daycare). Dad has to pay 80% of it or 200.00 a week or 10,400 a year. The 28% for child support won't change because in IL its a flat percentage.

    Since alimony is tax deductible to dad and taxable income to mom, and since dad will have a marginal tax bracket of 28% federal and I think around 5% state if he pays her 20,000 in alimony that is going to result in only about 13,000 in actual cost to dad (due to the tax deduction) so the difference between mom staying home with alimony and mom working likely won't save dad much more than a couple of thousand a year...and maybe nothing at all if daycare costs more than 125.00 a week per child. It might even cost him more if mom works if the alimony is 20% of net rather than gross.

    If mom has time to find a good job then dad's percentage of daycare would drop...and that would change things.
  • 08-02-2014, 06:45 AM
    budwad
    Re: Alimony After 5-Year Marriage
    I'm going to suggest a different arrangement that does not include alimony. This is about alimony and has nothing to do with child support. This from my own experience in a divorce, in an equitable distribution state where my X asked for life time alimony after a 27 year marriage and would probably have gotten it if it was left up to the court.

    Buy out the alimony and give her a lump sum amount that will be considered under equitable distribution.

    If your X receives alimony, you will be subject to yearly review of your tax returns (if she so desires). She can always go back for a change in circumstances if she wants during the payment period. Alimony is taxable so what you pay is not what she gets after taxes. A lump sum payout under EQ distribution is not taxable so the sum can be less.

    When I was going through divorce, I thought everything had been decided between my X and myself until I went to the final settlement conference with the attorneys and my X. She was to get half of everything and no alimony. I grant you that we were talking some big numbers but we had agreed that there was to be no alimony. She was already in the workforce and making a very good living.

    Well I walk into that meeting and I hear her attorney, first thing, asks for lifetime alimony. I just looked at my attorney across the conference table in total surprise and with a deep feeling in the pit of my stomach. My attorney says, "I need to speak with my client in private."

    My attorney said to me, "buy out the alimony. We will calculate the present day worth of payments and give her that under EQ distribution and it will be over." He said, "there will be no reconsideration, there will be no surprises, and your life will be yours." He told me that even if I had to borrow the money it was worth it. And I agreed. One of the best decisions I made in the divorce.

    So OP, talk to your lawyer about doing that. It's only a 5 year marriage. You won't have to worry about again.
Show 40 post(s) from this thread on one page
Page 1 of 3 1 2 3 Next LastLast
All times are GMT -7. The time now is 01:16 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved