Three year marriage, no children, negative marital assets,

Question

Three year marriage, no children, negative marital assets, family home 6 months
old, minimum downpayment, 30 year mortgage. Pension @ marriage 320,000 at
divorce 220,000 due to withdrawals signed for by each party.

My wife's lawyer is asking for 50% of marital assets (nothing significant other
than the home aquired during the marriage), 800 a month in support (I make 53000
pay all bills, she makes 17,000), and 50% of the value of the home.

My lawyer looked at the lenght of the marriage, the pension, the marital assets,
and the probability of support and said that financially I should be able to
maintain the home, nothing would happen to my pension as it is in a negative
position from time of marriage, that there were no assets to split, and that she
had a weak case for support.

Her lawyer took the case on contingency. I asked my lawyer how she would look at
our petition for divorce and as a contingency situation. Her response is based
on the information provided above that this is not a case she would or would
typically be looked at as a good contigency case.

One of these two lawyers is "out to lunch". Mine has since day one consistantly
said that my remaining assets should be protected. My wife's lawyer since day
one has agressively pursued the case and is acting like there is "blood in the
water".

Where is the truth in this case?

Debra · Accepted Answer

Debra Thal (username) :

Spousal support is hard to predict but your marriage was very short.

Debra Thal (username) :

I would see a Court ordering support for about 1.5 years or so but I personally
think $800 is way out of line and think $100 - $150 is way more accurate.

Debra Thal (username) :

The assets, aside from the house, depreciated so there is nothing to share.

Debra Thal (username) :

But she would share in the equity in the house, if there is any.

Debra Thal (username) :

So you could likely by her out if you want the house.

Debra Thal (username) :

I don't believe that lawyer took this on a contingency fee basis.

Debra Thal (username) :

She will never be able to pay him anything much.

Debra Thal (username) :

Maybe she lied about your pension?

Customer:

The house was purchased for 304,000 in July 2011 and we seperated January 26,
2012. The mortgage amount on the house is 299,000 and after real estate fees
there is unlikely to be any equity.

Debra Thal (username) :

So there is nothing to divide up.

And she will get a little support for a short while and that's likely it.

Debra Thal (username) :

I believe she must have been dishonest with her lawyer.

Customer:

You see my confusion. There are no major purchases during the marriage, a bed, a
dresser, a tv and vcr, as well as a washer and dryer. Everything else I owned
prior to the marriage.

Customer:

There is no appreciable increase in the value of the family home.

Debra Thal (username) :

It's not making any sense.

Customer:

There is a definte decrease in the value of my pension (cash value pension not
defined benefit). She has benefited from the pension redemptions while in the
marriage.

Debra Thal (username) :

It makes a bit of sense for the lawyer to come on strong to scare you into
agreeing to pay something to make her go away but the contingency fee piece is
really not comprehensible.

Customer:

I meet with my lawyer on Tuesday to go over our response. I am inclined to
instruct her not to accept anything as claimed in there response to our
petition.

Customer:

Further to require them to offer up proof or supporting documentation to their
claims (which has not been done) or we go to court and settle this. I don't like
the idea of negotiationg with an ambulance chaser (that is not negotiating in
good faith). The claims are through the roof.....perhaps we should go to court.
Any thoughts?

Debra Thal (username) :

I agree. I think your lawyer can say that these claims are not reasonable and
simply do not reflect the reality of the situation.

The lawyer can say that as she is not working on a contingency basis she cannot
spend time and therefore your money on nothing and this is bad faith bargaining
so see you in Court.

Customer:

Thank you very much for your advice. Your assessment of the situation to date
mirrors everything my lawyer has told me. I got a little concerned when I saw
the brazen claims for a large settlement with no basis in fact or law as I
understand it.

Debra Thal (username) :

I can see why but the only cause for alarm is if she continues to be
unreasonable and drags you into Court.

Debra Thal (username) :

I bet her lawyer will dump her then.

Customer:

Court being cause for alarm because of the unpredictable nature of rulings or
just the stress, hassle and costs?

Debra Thal (username) :

Because of the legal fees really.

Debra Thal (username) :

That's the only concern.

Debra Thal (username) :

It's somewhat unpredictable but in your case there is nothing to fight over
really.

Customer:

Thanks. You have been very helpful. Will rate the excellent service. Have a
great day and enjoy the upcoming holiday weekend.

Three year marriage, no children, negative marital assets,

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