Equitable Distribution and alimony questions


#1

I have full custody of an adolescent child from a previous marriage. I am solely responsible for all of my child’s expenses, including extraordinary ongoing educational expenses. I do not receive child support from my child’s mother. I am now remarried. My spouse does not contribute to the support of my child. Will my obligations for my child’s expenses be taken into account when calculating equitable distribution or assessing whether alimony is to be paid if I get divorced?

My spouse earns a substantial salary (@10K more than mine), although my total income may likely exceed that, depending upon year end distributions. We live in a house I owned previous to our marriage and is titled in my name. She doesn’t pay any part of the mortgage, utilities or maintenance. Does this mean she is a dependent spouse? Will this affect equitable distribution or alimony considerations?

I lent my spouse several thousand dollars before we were married. There were no papers, only a verbal agreement. Recently (after we were married), she acknowledged her intent to repay me. I doubt she’d sign anything to that effect. Should I put in writing that I expect the debt to be repaid? Will the debt be considered in calculating equitable distribution or assessing whether alimony is to be paid?


#2

Your expenses will be considered by the court in making an alimony determination, however your child from your previous relationship will not be a factor in Equitable Distribution.

If your wife earns more than you, she is not a dependant spouse.

The loan will be difficult to establish as a debt your spouse owes you as it was not documented at the time.