Good Day, Liz, My name isXXXXX am a Licensed, Practicing Attorney, and my goal is to provide you with Excellent Service. Normally, a customer receives an Answer within a matter of minutes from posting their question. Your question must have gotten lost somewhere along the way, so please accept my apology,
It is all well and good that you will be receiving the home, but the Court will also be concerned with your maintenance in order to maintain the home for your children and yourself. The Court is also concerned that you receive your fair share of assets accumulated during the marriage, as well as his pension.
1. Spousal Maintenance - You are very likely to be granted a joint lives order because of the following reasons:
(a) Length of the marriage – It is substantial and you devoted your life to the marriage;
(b) Discrepancy in income - The difference between his earnings of 350,000 versus your earnings of 12,000 per year is substantial enough to warrant spousal maintenance in the form of a Joint Lives Order. You gave up your career and devoted your life to your husband and to raising a family;
(c) Your children still need you and those with ADHD will continue to need you longer than the average child, making it impossible for you to engage in full time employment which would pay anything even close to what he is earning;
(d) Not having worked in 15 years would make it difficult for you to enter the workforce even if the children did not need you. The Court will not allow all the years you devoted to him, promoting his career, and to maintaining the home for the family, to go unnoticed and uncompensated. Therefore, your spousal maintenance should be substantial and in the form of a Joint Lives Order;
(e) A “small lump sum annual payment” is not sufficient to adequately compensate you for the sacrifices you made. Neither should this payment be dependent on his receipt of a bonus. There should be no strings attached, it should be for a set amount whether he receives a bonus or not, and should be payable to you periodically which you find more convenient – annually, semi-annually, quarterly, or monthly. His offers do not come any where near what the Court would grant you.
2. His Pension - The amount which he earned djuring the marriage is a marital asset and should be equitably divided. If he does not offer a more reasonable amount, then the Court will substitute its reasonableness in place of his and the Court will issue a Pension Sharing Order in the amount which the Court will deem “equitable”.
3. Other Marital Assets - Any assets purchased, acquired, or earned during the marriage must also be divided equitably between the two of you. The fact that he worked “outside” the home and brought money into the home does not lessen the value of your work “inside” the home.
4. Child Support – The Court never allows the children to suffer and do without because their parents are divorcing and for purposes of their needs, the Court will treat the amount of child support as that which would have been spent on the children, if the parents had not divorced. If they need more as they grow older, you can always go back to Court and ask for an increase based on a “substantial change in their circumstances”,
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