ED Questions


#1

I read on this forum that alimony was unlikely to be awarded if lesser- earning spouses’ income was greater than 50% of higher-earning spouses’ income-- is this (generally) true for spouses who are both high income (professionals) earners?
Is Alimony considered in ED hearings, or is it a separate hearing?
An SA can be agreed to with ED to be determined at hearing, correct? Is one advantage to doing so to allow the divorce “clock” (year-and-a-day) to start “ticking”? Are there any disadvantages to signing an SA with ED to be determined at Hearing?
I realize that child support issues (amounts) can be adjusted after divorce, but what about ED and alimony amounts-- can they ever be adjusted post-divorce for any reason? Can an SA, or judgements from Hearings regarding ED or alimony be appealed, for any reason (new evidence, incompetent representation,
etc.)?

                                                                                             many thanks

#2

Alimony is based on the reasonable needs of the dependent spouse and the surplus of the supporting spouse. It is not based on percentages, but rather a finding that the dependent spouse is actually and substantially dependent on the supporting spouse to maintain his/her standard of living.

Alimony and ED can be determined at the same time, or ED can be determined 1st. Since ED can factor into Alimony, alimony cannot be determined first.

A Separation Agreement is signed in lieu o f ED, not in addition to.

The clock starts ticking for the timing of the absolute divorce the day the parties begin living in separate residences.

ED is final once determined and is not altered or modified. Alimony can be modified based on a substantial change in circumstances if it is outlined in a court order, it cannot be modified if outlined in a Separation Agreement.