Spousal Support - Arkansas (till death or re-marriage)?

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Latest post 09-25-2009 12:50 AM by Drew. 7 replies.
  • 09-21-2009 2:06 PM

    Spousal Support - Arkansas (till death or re-marriage)?

    My wife and I are divorcing after 17 years of marriage (2 boys 14, 17). I'm  49 and she's 48.   Her lawyer is asking for alimony till death or remarriage.  I've offered it till my youngest turns 21 (6 1/2 years) with no adjustment for any income she earns.  My wife has stayed at home with the kids.  She had part-time job a few years ago.  Two years ago she got her Real Estate Licence (with my financial and moral support).  Each of those years she made about $15K, working very part time.  She won the Rookie of the year for the entire company her first year, so clearly she can earn a decent income if she worked at it.  I'm keeping my 401K and paying for any outstanding credit card debts.  She's keeping the house and contents (about 2/3 of our assets). 

    Is her lawyer's request reasonable?  My wife has said that she'll accept alimony for 12 years.  What's a fair length of time to  pay out alimony?  I just want to move on with my life.  Please help.  Thanks

  • 09-21-2009 2:20 PM In reply to

    Re: Spousal Support - Arkansas (till death or re-marriage)?

    Alimony til death or remarriage is the usual in a situation like yours(long marriage), but you're free to make your agreement with her as long as it is reasonable enough for a judge to agree.  It's not written in stone, but 15k is not much and real estate is a losing profession right now.

  • 09-21-2009 2:21 PM In reply to

    • Drew
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    Re: Spousal Support - Arkansas (till death or re-marriage)?

    Laymans take:

     

    I think you are nuts to listen to her views on topic  and this is 2009 not 1909.  Women are well part of work force--and if she earned say $1500 for a few hours work last year its quite reasonable to extrapolate her earning capacity to say 2000 hrs a year --same as court would do if you played part time games.

    Alimony is more common as a temporary measure to get somebody back into workforce--and you'd be wise to get paid counsel on your side--my guess is 3 years TOPS is  more common in your state. 

    If she keeps house be bloody sure she takes you OFF any note in about 60 days with some Draconian default language in your favor if she torpedoes that step!

    And a 48 year person can bounce the sheets for a long long time w a new lover in 2009  w/o getting married --so that language to me is pure 1909

    And child support typically ends about 18 or HS graduation.

    You seem way to anxious to sell yourself short.



  • 09-21-2009 2:25 PM In reply to

    Re: Spousal Support - Arkansas (till death or re-marriage)?

    Have you considered offering her a lump sum instead.

    My ex-wife, in the end, agreed to a $50,000 lump sum payment rather than alimony. 

    Why are you giving her 2/3 of the assets? 

    My advise to you is that this is not a good time to roll over and play dead.  You may very well be taken advantage of.  I made the initial mistake of trying to be nice.  I ended up leaving many of the decisions to my lawyer because my ex was asking for the moon and stars.  Be careful!  My ex was asking me for things I could not have agreed to even if I had wanted to.  She asked for more money than I earn and seemed to expect to get it.  Divorce can change people!  Be careful!

  • 09-21-2009 2:27 PM In reply to

    Re: Spousal Support - Arkansas (till death or re-marriage)?

    "I think you are nuts to listen to her views on topic  and this is 2009 not 1909.  Women are well part of work force--"

    Sure, but women STILL make .70 cents on the dollar compared to men, it's hardly equitable.  Considering she DID raise your children (assuming with your okay) while staying mainly out of the work force, I would try for something down the middle to be fair.

  • 09-21-2009 2:29 PM In reply to

    Re: Spousal Support - Arkansas (till death or re-marriage)?

    While no one here can give you any type of substantive input,  in situations where there is a long term marriage,  alimony may be awarded until the dependent spouse is eligible for social security. ( but a major factor is how much of the marital asset the dependent spouse is receiving). 

  • 09-23-2009 1:04 PM In reply to

    Re: Spousal Support - Arkansas (till death or re-marriage)?

    See if you can meet somewhere in the middle. I would not do the alimony until death or remarriage, she may never get married just to collect alimony. You can counter offer 10 years, or a lump sum like a previous poster suggested. Or partial lump sum now, and alimony for say....5 years or so?

  • 09-25-2009 12:50 AM In reply to

    • Drew
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    • Joined on 03-30-2000
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    Re: Spousal Support - Arkansas (till death or re-marriage)?

     

    I think you are rushing to give away the store. 

    Lets try an equally convoluted view  ---A licensed professional who re enters the job force and earns say $15,000 the first year doing say 100 hours of work --has just established an earnings capacity of $150 /hr and it may be reasonable to project an annualized income of $300,000?

    Lets do it backwards--suppose you were a licensed professional and your net billing rate after expenses was $150 /hr and you billed say 2100 hrs a year--but in anticipation of a divorce you cut your billable hours to say 100 hours/yr ---think that would fly?   (BTW I know an attorney who cut his billable hours to near zero!)

     

    Staying home to care for kids in diapers doesn't cut it as mandatory logic  if kids are now 14, 17!

     

    And my spouse's income soared way past mine when spouse re-entered job market at well over 50--sure first couple of years were lean--but soared soon afterwards....



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