Spouses Income

[Rioe]

What do you mean she needs to prove entitlement to get SS? Not sure how that works.

Don't give her any SS unless she can prove to a judge that she is entitled.

Some situations that provide entitlement:

• one spouse sacrificed their own career prospects to support the other's career (such as moving locations, staying home with the kids, refusing promotions that would interfere with the other spouse)
• it was a very long term marriage, and one spouse has much less income than the other

But most marriages these days do not disadvantage one of the spouses, career wise. If your marriage was short, and your ex has a good career that was not significantly hampered by the marriage, then no SS is warranted.

From the sounds of it, it would be ludicrous to pay SS in your case. The marriage has obviously benefited your ex's career and income. If your lawyer is saying otherwise, are you sure he's not just presenting you with a worst case scenario?

And no, you aren't entitled to a share of any commission she makes after the date of separation.

What you need to do though, is estimate the cost of fighting her in court vs the cost of paying her a nominal amount just to make her go away.

[standing on the sidelines]

Looking at spousal support for an upcoming trial and I am wondering the following:

If my spouse earns 30k, I earn 80k and were together for 3 years. During that stint her income rose to from 30k to 70k annually but she is declaring 30k as her income because it is commission based can I ask for records? Does it impact the spousal support if I can illustrate that through marriage she has benefited dramatically from us being together?

If she is working on commission and we have since separated, the commission on the income is applied at year end, am I entitled to that?

are you asking if you are entitled to get some money from her???? Hope not as you do make more money then her even if it is 10 grand more.

[sayol]

are you asking if you are entitled to get some money from her???? Hope not as you do make more money then her even if it is 10 grand more.

No, I can care less about that. What concerns me is she is deliberately going to say that she is earning far less than she actually is. I am more concerned with finding out the truth, the issue is that her payout isn't on the same annual stream as her salary. If she has a Jan 1 to Dec 31 cycle and her commission cycle is Aug 1 to July 31 how do you calculate that into annual pay?

The bonus structure is also on the same cycle as her commission so it really poses a challenge.

[billm]

...If she has a Jan 1 to Dec 31 cycle and her commission cycle is Aug 1 to July 31 how do you calculate that into annual pay?

The bonus structure is also on the same cycle as her commission so it really poses a challenge.

Ahh, no it doesn't - you use her tax return - simple.

You can average over 3 years if she has been doing the same job and income to get a more realistic picture.

Base, commission, bonus, they are all income and go on your tax return - who cares what they are called or when you get them?

[sayol]

That's just it, over the past three years she has had 3 different jobs, each a steady increase in income until this last one which is a significant boost. She hasn't been there a full year as yet. So her current NOA will reflect lower salary as a result.

[billm]

That's just it, over the past three years she has had 3 different jobs, each a steady increase in income until this last one which is a significant boost. She hasn't been there a full year as yet. So her current NOA will reflect lower salary as a result.

No, it is not complicated - you show the increase etc via NOAs.

She also has to provide pay stub and proof of current income which would include contracts etc that would show potential for commissions/bonus. FULL FINANCIAL DISCLOSURE so stop worrying.

You seem to know that she has a 'significant boost' this year, which I assume you have proof of, so there is nothing to worry about.

You are going over the same points - you know her income, the length of the marriage was short, and neither stopped working - she has no entitlement. She will lose.