19 Dec How much alimony should I expect if we get a divorce?
Photo: pixabay.comQ. After 25 years of marriage, I think I want to get a divorce, but I don’t work — I never have — and we don’t have a lot of money. We don’t have kids in the house, and there is no way I could afford to keep the house, even with alimony. My husband makes about $63,000 a year and we don’t really have savings and there is also credit card debt I think, but I’m not sure because the cards are in his name. What kind of alimony could I expect? How can I figure out if I could afford to be on my own?
— Trying to plan
A. Divorce can bring many financial challenges to couples.
Your situation is a prime example.
Oftentimes, one of the biggest challenges in a divorce is trying to allocate the family finances to cover two households when it was incredibly challenging to maintain one, said Jeralyn Lawrence, a family law attorney with Lawrence Law in Watchung.
Trying to stretch $63,000 of income to maintain two households will be a significant hurdle to overcome, she said.
First, as to your situation with not having an income, when figuring out alimony, a court would likely attribute an income to you, Lawrence said.
“Even if you are not working, but are capable of working, when assessing a support obligation, a court will attribute income to you,” she said. “Whether it be minimum wage or a wage greater than that based on your education and training, a court will use some level of income for you in awarding support.”
After that, the court will look at your needs, your husband’s needs and your respective abilities to contribute to your own needs, among other factors, in formulating a support number, she said.
“Based on the income differential, without knowing other factors, alimony will likely be anywhere from $500 to $700 per month,” Lawrence said. “Since you were married more than 20 years, alimony will be open durational alimony which means it will be paid until you die, you remarry or some other change in circumstance.”
You should also think closely about what’s best for your future when it comes to the house.
“In deciding whether you can keep the house, it may be prudent to make that decision relying solely on your ability to pay for the house alone so that if the alimony is not enough, you will feel comfortable knowing your income alone has your housing expenses covered,” Lawrence said.
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This story was originally published on Dec. 19, 2023.
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