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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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My husband did not have a degree but went from making 13,000

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My husband did not have a degree but went from making 13,000 a year to $200,000 a year during our 29 year marriage. I, at his request stayed home and cared for our 3 children and his 2 from his first marriage. He is now on his 3rd marriage but we haven't done our ED yet. He has taken the income, as of now, for him and his 3rd wife to enjoy and benefit from. Is there any way I might be entitled to a % of his income other than in alimony?
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
Thanks for your questions. You are entitled to spousal and child support. You are not entitled to anything earned after the marriage. But anything made during the marriage is fair game here for division as marital property.

You are also entitled to property division in such a situation. You have sufficient length here for spousal and you might be able to go back and file to modify it upward if his income went up here.

Also the child support could be raised here as well. A lawyer may be needed here to file and represent you in this matter. I wish you good luck here and sympathy for the situation.


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Customer: replied 8 years ago.
What about as "future earnings"?
Expert:  RayAnswers replied 8 years ago.
Well they may call it future spousal support but it is based on both his past and future earnings so to me it does factor in. You can definitely motion to increase alimony/spousal just as you can child support based on his income..
Customer: replied 8 years ago.
My children are all grown. How can I not be entitled to a % when I put just as much effort into his career? Alimony has stipulations and also feels like a hand out to me but a % of his future earnings feels more like I am reaping what I sowed instead of his 3rd wife reaping what I sowed. Are you certain his career cannot be included in the property settlement?
Expert:  RayAnswers replied 8 years ago.
Well you can call the money spousal instead of earnings but it will spend just as well. the court would be aware of the discrepancy of wealth and may very well modify and ward you funds here. How they classify it doesn't matter as long as they award. Perhaps your lawyer can argue the inequities for you here as you have good facts to do so..
Customer: replied 8 years ago.

I will try not to ask much more but ---the attorney I had put it in my ED papers. I can't EVER get a straight answer from him. Do you have any idea why he added it in to my ED affadvit?

Expert:  RayAnswers replied 8 years ago.
Not without being able to read them.But I am sure that he had reasons to do so here. Ask him thats the best way to know ..
Customer: replied 8 years ago.
It was nothing but a list of marital property. also listed was nuclear power bussiness $200,000+. He doesn't answer anything i ask so I am in the process of finding a new attorney.
Expert:  RayAnswers replied 8 years ago.
Then don't give up. You deserve answers here. It is critical that you are able to communicate with your lawyer and that he answer and invovle you in the process. Just like we did here. You deserve to be able to ask questions and get answers..
Customer: replied 8 years ago.
So why would any attorney list that on the marital property if its not considered property? To humor me?
Expert:  RayAnswers replied 8 years ago.
I'm sorry I can't tell you and I agree that it isn't appropriate here. A change would be a good idea and maybe a grievance here concerning the old one with the state bar..
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