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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37821
Experience:  Retired (mostly)
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I have been married 4.5 years and facing a possible divorce.

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I have been married 4.5 years and facing a possible divorce. I have caught my husband in several situations which leads me to believe he is cheating on me. I have asked him to go into counseling and he refuses.He says he has zero interest in saving our marriage and no longer loves me. During our marriage I had no choice but to short sale a home i owned due to the economy which left my credit score less desirable. We currently live in his townhouse which i am named on a second mortgage but not on the first. Is there any hope for me to get some sort of monetary settlement from this divorce?

What are your respective earnings? Don't give me actual numbers, just tell me the percentage of your earnings to your spouse.

Thanks in advance.
Customer: replied 3 years ago.

Are you asking if I make more money than him?


Basically, yes, and the question is by what percentage?
Customer: replied 3 years ago.

I Make about 20% more.

Okay, thanks.

Concerning property division, if you have been contributing to the payment of the mortgage and you are liable for a substantial portion of the mortgage, then the court will either credit you with the value of your contributions to your spouse's property, from other sources (bank accounts, investments, etc.), or order the property sold if there are insufficient assets, but sufficient equity in the property to extinguish the mortgage obligation.

The fact that the court will attempt to equitably divide your various assets and debts incurred during marriage may give you some negotiating leverage.

However, the fact that you outearn your spouse could cause the court to order you to pay alimony/maintenance to equalize your net income after divorce. Frankly, courts are still somewhat reluctant to order alimony in favor of a man. I'm not being sexist here, I'm just stating the facts of life. So, if the amount that your husband earns is sufficient for him to support himself, and because your marriage is of short duration, suggests that the court would be unlikely to award any spousal maintenance. But, it does give your husband some negotiating leverage on his side of the equation.

One thing is for certain: infidelity is irrelevant. The court won't want to hear about it, and if you try to assert it, the court is likely to become very quickly biased against you -- though you won't ever discover this, because the judge won't say anything. Once again, this is just the facts of life in family law, so you have to consider it in how you present your case.

Keep everything on an economic plane. You and your husband acquired certain assets and liabilities during marriage, and you want a fair division. If you do that, then that's what the court will give you.

Hope this helps.
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