We own a marital home, two rental properties, and my husband’s business. It is my understanding that during equitable distribution I’m entitled to a share of the proceeds from the real estate and the value of the business, plus spousal support. I’ve consulted with two attorneys and an accountant who concur. The mediator has also consulted an attorney, and it is my understanding that he concurs. However, my husband has consulted an attorney who says it’s arguable. In a case in which I am not retaining ownership of the business, and therefore do not retain the right to future income derived, is it “double dipping” to also receive spousal support? As I mentioned, three attorneys say it is not, but my husband has an attorney who says it’s arguable. I have what I hope is my last mediation on Wednesday Aug 13 and really need an answer please. Thank you.
Background information: legally married 23 years as of October 2014, living together for over 25, he has been sole provider for about the last 18 years, I am currently 52 and have not yet finished my bachelor’s degree, and I’m still home educating our 14 year old daughter. I believe these factors would be relevant to a judge’s decision regarding alimony. Again, thank you again for your prompt assistance.
Addendum: I have circumstantial evidence of marital infidelity.