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  1. #1

    Default Re: Award of Alimony for Life

    She's also likely to get a portion of his social security, as they were married over 10 years.

    Doggie is right - this is NOT alimony. The court is ordering that she is entitled to a portion of his military retirement benefit (presumably because she was holding down the home front and raising children during his military service, rather than working and contributing to her own retirement). Alimony is generally a SEPARATE payment made monthly to support the ex spouse, and while it CAN be lifetime, it is intended to keep the spouse at the same standard of living until such time as they may be able to provide it for themselves.

    This is figured out on a case by case basis, and is based on the length of the marriage, the level and extent of financial dependency of one spouse on the other, and job prospects and abilities of the spouse seeking support - so there's a huge difference between a fit 26 year old with a college degree (young and educated = likely to be able to support herself) versus a 59 year old who has been a homemaker for 40 years and has arthritis and COPD (unskilled, uneducated, health issues, and not likely to be able, even with effort, to garner employment that would enable a similar standard of living).

    The division of retirement/pension assets is generally seen when only ONE spouse has been the primary bread-winner for some significant portion of the marriage as opposed to BOTH spouses working and amassing a retirement nest egg.

  2. #2
    Join Date
    Feb 2012
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    11

    Default Re: Award of Alimony for Life

    So it is for life. When I went back through the divorce decree, the alimony section stated each party waves and forever relinquishes the right to have alimony. I do feel making some one pay for life is wrong . Thank you for all your help everyone

  3. #3
    Join Date
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    Default Re: Award of Alimony for Life

    Again though - she's not getting alimony. It's a different thing entirely - this is a property settlement.

  4. #4
    Join Date
    Feb 2012
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    11

    Default Re: Award of Alimony for Life

    Okay, property settlement for life ! what kind of mess is that.

  5. #5
    Join Date
    Apr 2009
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    Default Re: Award of Alimony for Life

    I hear what you're saying. However, it may have actually been the best option at the time. Was your husband represented by counsel?

    When it comes to divorce, it's always an emotional time. Always. But, there comes a point where you have to pack the emotion into a box and become businesslike, especially when there are considerable assets. It becomes a business transaction. I know this is easier to say than do (but I have been there), but when we let emotion make our decisions (like giving up, or relenting because we're just so tired of it and so empty), they often turn out to be poor decisions.

    With that said, it IS possible that your husband made the right decision - had he fought it, he might have ended up even worse off. Obviously we don't know the full details, but it is something to consider.

    It could be worse!

  6. #6
    Join Date
    Feb 2012
    Posts
    11

    Default Re: Award of Alimony for Life

    Yes he was represented by counsel, and he said it was very very emotional because he believed in forever. Thank you for the wise counsel, I'm just going to have to see it as a bill from here on out . (something to make you smile)

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Award of Alimony for Life

    Remember whenever you start banging your head against the wall? It feels so nice when you stop

    Good for you, for being so pragmatic about it. I know it's a pain in the backside - but treating it as just another bill, is probably the best thing you can do.

    Good luck

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