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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 03-22-2016, 01:03 PM
Links17 Links17 is offline
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self-rep, she will cry herself to sleep over her legal fees - you will lose more from legal fees than any other financial aspect of divorce.
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  #12  
Old 03-22-2016, 02:00 PM
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Originally Posted by hdc1894 View Post
Thanks all. This is certainly proving to be a very complicated issue. I have attached here a link I found that discusses lump sum spousal support and how they are discounted.
It was an interesting read, thanks for the link!

I didn't see the 30% figure as a discount for negative contingencies. There seemed to be a range from 25% to 50% as a discount for negative contingencies. Personally, if I was a recipient, I think I would roll the dice, 30% seems like a huge discount.

A lot depends on how likely I would think it would be the payor would either leave the country or become unemployed.


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STBX (very liberating to call her that!) has talked to a lawyer now who told her that based on length of marriage, SS at a mid range is her right.
Yes and no.

As posters here will be quick to point out, SSAG are just guidelines, not mandatory.

However, negotiations happen under the shadow of the case law, and the case law right now generally awards midpoint spousal in your situation. So negotiate, but recognize that her lawyer is telling your STBX that she can go to court and get midpoint. Your deal has to be in the range where going to court is not worthwhile for her.

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Not sure where this is going now as discussions have now moved from "what is best for our child" and "fairness" to this current state.
Yeah, that usually happens when people go to the lawyers.

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I guess my next step is figuring out how much lawyering up will probably cost us if there will be a fight versus negotiating this out of court and away from lawyers. Wish me luck.
The problem is that lawyering up probably doesn't save you much money. The legal default is midpoint periodic spousal, and based on what you have said in this forum, you haven't provided much of a basis to deviate from that default.
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  #13  
Old 03-22-2016, 09:33 PM
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Default Length of spousal support

Hi, thanks again. I took the middle of the road on negative contingency discounting but could be wrong. One other thing i got from that is one spouse does not have to agree that lump sum is the best for this to happen. I also may be able to argue that there are some good reasons why she should take a lump sum due to possible but may be not probably job loss on my part and potential long term health problems ( i am insulin dependant diabetic). Also, i am not totally opposed to some support even if it is midrange if it is for shorter (half the time of marriage ) and can be paid in lump sum.
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Old 03-22-2016, 11:02 PM
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The jurisprudence is to award indefinite support. I don't think you can convince a judge to award her a lump sum, its only when the recipient asks for a lump sum that the judge might award it.
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Old 03-23-2016, 11:49 AM
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The jurisprudence is to award indefinite support. I don't think you can convince a judge to award her a lump sum, its only when the recipient asks for a lump sum that the judge might award it.
Links may be correct. No case law jumps to mind where I have seen a judge order lump sum spousal. But, I could be wrong.
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