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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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My former husband earns 67-70 thousands the years prior to

Customer Question

My former husband earns 67-70 thousands the years prior to our divorce. I am on a fixed income of !3,632 per annual . What are my chances of receiving spousal support? We were together 46 years, married 40 years
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

Because of the extended amount of time you were married and the huge disparity in your incomes, there is a good chance you'll get spousal support. There's also a good chance that, if the judge awards support, he will grant you lifetime support (because it would be difficult for you to go out and get the training needed to increase your income by the amount needed to support yourself before reaching retirement age). The judge is going to look at your necessary expenses versus your income, any income you have from other marital assets (like if you owned a business or rental property, or had other substantial assets). Then he's going to look at the difference between what you make and what you need, and the difference between what your husband makes and what he needs, and determine how much your husband can afford to pay. In alimony/child support cases, it is very common for the JUDGE to find that a person can afford more than that person would say they could. So do the math and run the numbers yourself - you don't have to accept whatever number your ex-husband gives you.

You are also entitled to half the money in any retirement accounts he has. That's marital property because it was earned during the marriage. When calculating spousal support, the judge will consider whether you are 59 1/2 yet (the age at which you can start taking money from retirement), how much is in those accounts, and how that money could be used to help you support yourself. Note that when reach age 62, if your husband is eligible for Social Security benefits, you may be able to request benefits based on your ex-husband's earning record as long as you have not remarried. (It's not relevant whether he remarries.) That way, you'll have more money to help you meet your needs.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.

Did you have any more questions about this?