Absolute Divorce without property being settled


#1

Situation: Absolute divorce is granted without completing equitable distribution. Ex wife is demanding $200 to pay for upkeep of 3 dogs and to help wih insurance costs. She also wants half of the 2nd mortgage payment. Both parties make the same amount of money so neither would have been considered a “dependant” spouse. Question: Would there be an obligation to provide for the upkeep of the 3 dogs and insurance costs? The payment for the 2nd mortgage seems reasonable. I realize you can only advise based on what is customary but I would like to know your thoughts.

Thank you.


#2

Since she is not the dependent spouse, it would not be the typical case that you should have to continue to pay for her insurance costs, especially since your divorce is final. The mortgage seems standard, pursuant to ongoing ED. Usually the house will at the end of ED be sold or re-financed into one party’s sole name (and the other bought out). You aren’t obligated to do anything for the upkeep of the dogs. That is just up to you.


#3

I had an additional question regarding the judges notation on the judgement from the presiding judge. She noted the following above the date and signature:

“The parties rights to claims of equitable distribution and alimony (not sure that’s what it says but it appears to be the word alimony) are preserved.”

The judge initialled and dated the notation. What exactly does this notation mean? There was no separation agreement and there have been no actions by either party to settle. The ex-spouse has asked for 401k distribution but is not agreeable to any other provisions without legal proceedings. She continues to threaten to get a lawyer but does not take any action to do so.

Would love to know your thoughts…

Thank you