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Alimony Entitlement

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  • Alimony Entitlement

    Just wondering about what people's thoughts would be about alimony entitlement in this situation:

    -A & B get married, A makes avg 110k and B makes avg 60k.
    -During 6 year marriage, 2 kids are born.
    -During 6 year marriage, A recklessly depletes due to gambling, lets say 30k per year, and racks up significant debt as well in secret.

    At the end of the marriage when all comes to light, A agrees to take responsibility to all debt racked-up, resulting in unequal division of assets upon equilization. A will pay full table child support, and pro-rata share of section 7 expenses and get help with issues etc.

    B has a masters degree, works full time. No previous time-off or "sacrifices" for the marriage other than 2 mat-leaves.

    Does anyone think, by any stretch of the imagination, that A could argue that no alimony is warranted (or perhaps low-end of the range), because as so much money was lost due to mental illness and not spent on the marriage, there is no "high upper class lifestyle" to maintain? Zero trips were taken, no extravagant purchases, nothing. B is living the exact same lifestyle, same house, same everything, while getting the support payments, as it was it was during the marriage.

    By ANY stretch of the imagination?? lol

  • #2
    Entitlement is determined in two ways, either compensatory (one spouse sacrificed their career for the benefit of the family) or non-compensatory (there is a significant difference in incomes).

    Given the difference in incomes, there could be argument for non-compensatory support. A rule of thumb is if the lower earning spouses income is above 40% of the grosse family income an argument for non-compensatory support is weak. Given the numbers provided, the lower income earner here is about 35%.

    As for compensatory, there could be argument there as the family was negatively impacted by Spouse A's actions.

    All the above said, there are no guarantees SS would be granted. There are a lot of other factors involved. But yeah, it is possible it may be granted.


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