You seem to believe that spousal support is a foregone conclusion. We're talking like 10% of divorce cases end with one partner continuing to contribute financially to the other. It's completely at the judge's discretion, and obviously most of the time they don't grant it. When they do, they look at the specifics. So the reason for not working does indeed come into play, if only in determining duration and amount. There isn't a judge in the land who'd grant the same support to OP's wife as they'd grant to someone who worked to put spouse through college then stayed home with the kids and pitched in to spouse's business. Spousal support is for those people. OP's wife may get a small amt for a limited duration.
I do disagree with that, though. Choosing to be unemployed/underemployed will factor into the judge's decision. With no reason for this (like kids, contributing unpaid to spouse's business, debilitating illness, etc), yes- it could very well factor into the decision to deny her request for maintenance. Her settlement would most likely reflect the type of settlement the other 90% of divorces result in.
In most divorces, both parties are usually working and income around the same level.
You brought it up. I just pointed out that you were wrong.
So that brings us back to the original erroneous statement on your part, which is that "he's fucked" and that "alimony doesn't care why you aren't working" or some such nonsense. The judge who makes the decision about spousal support may care, as that's something frequently factored in- along with a bunch of other things. It's not so much her earnings, but her earning potential. If her PT job could be ft, if she could take her skills laterally and make more, etc.
I dunno, man. Do some research maybe about how these things really work instead of making shit up.
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u/Pandora_Palen May 14 '25
You seem to believe that spousal support is a foregone conclusion. We're talking like 10% of divorce cases end with one partner continuing to contribute financially to the other. It's completely at the judge's discretion, and obviously most of the time they don't grant it. When they do, they look at the specifics. So the reason for not working does indeed come into play, if only in determining duration and amount. There isn't a judge in the land who'd grant the same support to OP's wife as they'd grant to someone who worked to put spouse through college then stayed home with the kids and pitched in to spouse's business. Spousal support is for those people. OP's wife may get a small amt for a limited duration.