Quit her job before starting the Separation Process

[DanMan]

We were married 24 years before the split (3.25 years ago) and I have been paying her $ 1,000.00 per month support for that time. Last child in University and living with her in the summer. We are finally working our way into the separation process and it looks like her lawyer is going to try and up the support. 4 months ago she quit her job paying close to what I make and since has done nothing, living off the money I pay her and the reported $ 1,000.00 per month her boyfriend pays into household expenses.

Should a basic wage be imputed for the purposes of the SS calculation? Is it strategically better to allow the support to be set with out that and wait for her to get a job where the number could then be adjusted?

Dan

[Gary M]

Imputing a wage commensurate with her earning ability should be a no-brainer. You don't have any worries from where I sit (but I'm not sitting on The Bench, either).

People in divorce situations involving kids aren't allowed to not work these days... the Gravy Train era is, thankfully, over.

Cheers!

Gary

[DanMan]

We haven't agreed to the division of assets yet and it is likely going to be messy. We have a couple of companies and a large commercial property, all of which have other partners. Strategically, might it be better to take the softer position on her income now and then once she gets a job and the division of assets is over, then seek to have the support amended? I am not sure if setting the precedent of not insisting on an income for her would come back to haunt me in future. We are both trying to be friendly about this, but I am thinking it is her lawyer that is seeking to have the support adjusted.

Thanks for the reply, Dan

[dadtotheend]

You are strategically far better off to impute an income now. Once established, status quo is difficult to change.

[Gary M]

I don't know if it's common, but I managed to imput a minimum income to my ex... Her lawyer didn't like it, but ex's income can go up but not down.

Cheers!

Gary

[DanMan]

Thanks Everybody, I am meeting with my lawyer this coming week so I will have a little more info then.

[DanMan]

Does the amount of assets she have impact on the calculation? She will be able to have a home fully paid for.

Also, after a 24 year marriage, it seems that the SS will go on forever. If she remarries, presumably their joint income would go into the calculation, and if I re-married, so would mine?

[dadtotheend]

SS is all about means and needs.

Do some reading on it.

[billm]

... 4 months ago she quit her job paying close to what I make ...

If she was making close to what you were, why would she be entitled to SS?

Did she always work?

Imputing income to what it was before she quit would mean no SS perhaps - is there a reason why she is not working that relates to your marriage?

[DanMan]

Billm,
She was working for a company we are both partners in. She was encouraged by the Manager of the company to quit and seek other employment, and when I found out I encouraged her to stay. She ended up quitting and suggesting that she felt it was time she wasn't around me any more.

Dan

[DanMan]

Dadtotheend,
The means part is a little confusing. If she takes the house and it is paid for, does this mean the SS calculation considers the fact that I have to pay rent on a place to live? If I retain the companies, is there some way their future income potential or retained earnings figures in? We have already had the companies appraised and it seems to me that this calculation figures in future income potential and therefore "buying" this company at market value should make that income ineligible in calculating means.

Dan