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Hi, my name isXXXXX have been married 17 years and live

in Wisconsin in Kenosha County...
Hi, my name isXXXXX have been married 17 years and live in Wisconsin in Kenosha County. I am currently going through a divorce and was to be divorced a month ago. In the last couple weeks before we were to be divorced my wife decided that she wanted to go after maintenance and we had to extend our court date. During our first court date she did tried to get temporary maintenance but the judge denied her. I let her take 95% of all our property when we sold our house and went our own ways. She has been employed as a Surgical Technician in the medical field for the last 8 years and has a degree. After a couple years of working she decided to go to part time, 4 days a week, but just recently picked up hours at a different hospital and is now at 40 plus hours a week. Her current salary with her new job would put her within $9,000 of mine. She is at close to $20.00 an hour and I am at 23.00 an hour. Her earning capability is greater than mine with her degree, I do not have a degree. I also have not received a pay increase in 7 years. Her standard of living is the same now or better than when we were living together. She moved out of our 4 bedroom house into another 4 bedroom house. I live in a one bedroom apartment. I am paying child support on our 17 year old daughter and I have joint residency with our son. She moved her boyfriend in her house shortly after we separated and he is employed and am sure he helps with her rent and bills. This is the same boyfriend she has been seeing for at least a year and a half that I know of. She said that if I let her retain her entire 401-k she will drop the alimony case. I think that is unfair and i feel like she is taking advantage of me since she is going to take half of mine to the sum of close to $90,000. She does not have much in her 401-k, around $30,000. I do have an attorney and he feels its a long shot that she will get alimony but I would like a second opinion before i decide to take this to court because if she gets alimony it will greatly outweigh what I would lose giving up her 401-k. What are your thoughts on this? Thanks for your opinion.
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Answered in 7 minutes by:
8/12/2013
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

I strongly agree with your attorney. It is a long shot that the judge would order alimony. Long-term alimony is typically granted to a spouse who has significant needs – this does not appear to be your wife's situation. Short-term alimony is granted in order to allow the receiving party to gain the necessary skills to be self-supporting – this also does not appear to be your wife's situation

A bigger concern in determining whether to go to trial is the additional costs involved in litigation. You may want to discuss with your attorney whether his attorneys fees and court costs will exceed or near the $15,000 that you hope to gain in her 401(k)

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Ellen and 87 other Family Law Specialists are ready to help you
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Ellen
Ellen
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Category: Family Law
Satisfied Customers: 36,715
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