Mortgage payment and alimony


#1

Thank you for taking the time to answer my questions. My wife and I have been married for nine years.

  1. If I move out of our home and my wife and I agree upon a separation, am I still responsible for half of the mortgage or is that agreed between us at time of separation?

  2. My wife makes 3-4 times what I make. Do her and I decide if she will pay alimony or is that decided by a judge and if so when does that take place?

Thank you again for your time.


#2

If you are both listed on the mortgage, then it is in your interest to make sure that the payments are kept up until the house is distributed in ED. You can draft a separation agreement between you which spells out who is primarily responsible for the home (meaning she can agree to assume all of the payments, and you will sign the house over to her once she re-finances for example), but you will want to make sure that the mortgage is caught up in the meantime.

Alimony is totally up to you. You are likely to qualify as a dependent spouse considering the huge differential in your incomes, so you can certainly claim alimony if you wish. You can agree to a set alimony in your separation agreement as well, or you can agree to waive alimony if you choose. If you two cannot agree on an alimony amount in the agreement, you have the option to file for post-separation support (temp. alimony) and alimony at that point. Just make sure you file for ED and support prior to your divorce being finalized, or you will be estopped forever from making said claims. It’s always preferable for two parties to work these issues out on their own in an agreement than to file litigation. Litigation is very expensive, very time consuming and both parties surrender control to a judge on the unsettled issues. Hopefully you can work out an agreement together instead.


#3

My lawyer arranged for my husband to pay the mortgage during our post separation period but shse did not arrange for him to pay any other kind of suppport As a result I have nO means of support. I am dissabled and am unable to support myself. i have no moeny coming in. UThat is why he left. He has inherited alot of money and could be helping me oout. He wants me to sell the house–but I need help cleaning it up to put it on the market. My lawyer now told me she doesn’t want to be actively negotiating unless I put the house on the market. But I can’t prepare it. The alminy whe had arranged for him to apy after divorce was $1700 per month. Given my medical problems and paying for my health insurance that puts me below poverty. Given teh circumstances, shouldd the alimony be enough to keeep the wolf from my door. Should equl distribution allow for more than 50% given the extent of his inheritance and me living on food stamps…this is sounding like a soap–but it’s real. What do I do? What is fair?

He is living in luxury. I wanted to ask for enough distribution to buy a small condo and enough alimony to live cmofortably–not in desperation. I told my attorney that I need extra help from him now. she doesn’t get it–and wants me to s ettle. I no longer have an advocate. My credit is getting worse weekly since a month ago.


#4

My lawyer arranged for my husband to pay the mortgage during our post separation period but shse did not arrange for him to pay any other kind of suppport As a result I have nO means of support. I am dissabled and am unable to support myself. i have no moeny coming in. UThat is why he left. He has inherited alot of money and could be helping me oout. He wants me to sell the house–but I need help cleaning it up to put it on the market. My lawyer now told me she doesn’t want to be actively negotiating unless I put the house on the market. But I can’t prepare it. The alminy whe had arranged for him to apy after divorce was $1700 per month. Given my medical problems and paying for my health insurance that puts me below poverty. Given teh circumstances, shouldd the alimony be enough to keeep the wolf from my door. Should equl distribution allow for more than 50% given the extent of his inheritance and me living on food stamps…this is sounding like a soap–but it’s real. What do I do? What is fair?

He is living in luxury. I wanted to ask for enough distribution to buy a small condo and enough alimony to live cmofortably–not in desperation. I told my attorney that I need extra help from him now. she doesn’t get it–and wants me to s ettle. I no longer have an advocate. My credit is getting worse weekly since a month ago.