Alimony


#1

In the ED, I will be awarded the marital home (still have minor children at home) and he will be allowed to keep his retirement - that would be a 50/50 split. Right now the amount that I am receiving in temporary alimony (PSS order) is adequate for me to meet my expenses. Maintaining the home and paying the mortgage, insurance and taxes is a huge expense. I also have debt since the date of separation. My atty says that frequently in permanent alimony, the award is not as high as in PSS and may not be for very long. We had a long marriage and he committed martial fault so I have that to help me. My salary is the same as it was throughout the marriage and can’t be higher unless I move away from the area I live.

Question - I am sure the judge will look at my expenses and see that I cannot make ends meet unless I go into debt each month. I am worried how they will handle his ability to pay. He increased his expenses greatly after separation by buying a new home and making unsound financial choices - so his expenses and debts are high also.

Basically, two families can’t live on the incomes that he and I make, so who gives. Either he has to drop his expenses or I, mine,which would be to sell the home.

Will the judge make that decision for us?


#2

In essence the judge will make that decision based on the amount of support ordered.