I just wanted to lay out my arguments to prove ex is not entitled to spousal support. I'm curious to hear what you all think.
No economic disadvantage to spouse arising from the marriage breakdown. We were very poor and just months before our separation we had to file for bankruptcy. My position is that how could she have experienced economic disadvantage when before the separation we were about as low as we could get? She only had UP to go.
Standard of living - Ex actually has a higher standard of living now then she did when were married. During our entire 15 year marriage we could not afford to take a vacation, however since our separation and divorce my ex takes an annual vacation to tropical destinations. She can afford those vacations now never could during our marriage.
Need - She has no need because if she did, she wouldn't be spending her money on expensive vacations.
Has proven that she is self-sufficient as she has been able to support herself without my help for the past 8 years. Again, it's not even like she is just getting by, she actually has enough disposable income to take expensive vacations.
Role that each parent played in child rearing. Although I worked and ex did not (refused to work despite dire financial situation ) I was heavily involved in the raising of our child. I bathed him just as much as my ex, I attended every single doctor appointment etc. I was also very involved in household chores; if ex washed the dishes, I dried them. It's my position that household and child rearing duties were very equal between us.
She did not sacrifice a career or education as a result of the marriage or child rearing. As a matter of fact, she was unemployed before we got married, and also prior to the marriage she signed up for university and quit after 1 month. Also, during the marriage she only had 4 years home with our child. My position is how can someone sacrifice something that they made a conscious decision not to do? After that and for the next 11 years our child was in school and didn't require child rearing during the 7 hours a day that he was in school. She had years to seek employment or an education without the burden of child rearing as she was home all day when our child was in school.
Ex did not sacrifice anything in order to advance my career. Again, she was home all day and could have easily gotten a job or some sort of education. With our child in school all day she had ample opportunity yet, as was a point of contention due to our poor financial situation, she simply chose not to as was the care before our marriage.
Anyways, these are my arguments and I'd appreciate any feed back and if anyone thinks of anything I've forgotten as far as what the Judge looks at in determining entitlement and/or rewarding spousal support?
Remember, ex also waited for years before she even pursued her claim to spousal support and also was left with 20k in assets, left with no debt and will get half my pension.
Thanks
No economic disadvantage to spouse arising from the marriage breakdown. We were very poor and just months before our separation we had to file for bankruptcy. My position is that how could she have experienced economic disadvantage when before the separation we were about as low as we could get? She only had UP to go.
Standard of living - Ex actually has a higher standard of living now then she did when were married. During our entire 15 year marriage we could not afford to take a vacation, however since our separation and divorce my ex takes an annual vacation to tropical destinations. She can afford those vacations now never could during our marriage.
Need - She has no need because if she did, she wouldn't be spending her money on expensive vacations.
Has proven that she is self-sufficient as she has been able to support herself without my help for the past 8 years. Again, it's not even like she is just getting by, she actually has enough disposable income to take expensive vacations.
Role that each parent played in child rearing. Although I worked and ex did not (refused to work despite dire financial situation ) I was heavily involved in the raising of our child. I bathed him just as much as my ex, I attended every single doctor appointment etc. I was also very involved in household chores; if ex washed the dishes, I dried them. It's my position that household and child rearing duties were very equal between us.
She did not sacrifice a career or education as a result of the marriage or child rearing. As a matter of fact, she was unemployed before we got married, and also prior to the marriage she signed up for university and quit after 1 month. Also, during the marriage she only had 4 years home with our child. My position is how can someone sacrifice something that they made a conscious decision not to do? After that and for the next 11 years our child was in school and didn't require child rearing during the 7 hours a day that he was in school. She had years to seek employment or an education without the burden of child rearing as she was home all day when our child was in school.
Ex did not sacrifice anything in order to advance my career. Again, she was home all day and could have easily gotten a job or some sort of education. With our child in school all day she had ample opportunity yet, as was a point of contention due to our poor financial situation, she simply chose not to as was the care before our marriage.
Anyways, these are my arguments and I'd appreciate any feed back and if anyone thinks of anything I've forgotten as far as what the Judge looks at in determining entitlement and/or rewarding spousal support?
Remember, ex also waited for years before she even pursued her claim to spousal support and also was left with 20k in assets, left with no debt and will get half my pension.
Thanks
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