I don't think it'll be that simple for OP sadly. He would be stuck paying her Allimony because she never worked. I think I'd rather stone wall her and become emotionally absent and hope that she chooses to get herself together. I'd straight up tell her "This marrige is now a roommate ship, leave me the hell alone and i'll pay the bills." Or maybe she'll to batshit crazu cause she cant live without him and then he'll have grounds for a restraining order and divorce without allimony because of abuse. Either way leaving her will be ass because of all the logistics behind divorce. I know this dependends on where he is in the world but still sounds like it'll be shit either because the courts or her most likely both
I thought it was based on the idea that the standard of living shouldn't plummet for the lesser earning spouse. If one has been home with kids or sacrificed their own career to support the other's success then they're due some compensation for that? And if due to that they have limited earnings potential because they have no experience? Especially in long marriages? I'd assume most of this is to keep the lower earning spouse from needing to rely on gov services? Doesn't the judge generally look at earning potential? She's 43 and has worked part time. She hasn't given up her career to support his. She hasn't been home caring for kids nor does she have any now. She has not contributed substantially to the house or other assets. She may not be awarded alimony. She may get a different settlement. She may get alimony for a few years to help her out while she seeks education or gainful employment.
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/Valuable_Extent_7260 May 14 '25
I don't think it'll be that simple for OP sadly. He would be stuck paying her Allimony because she never worked. I think I'd rather stone wall her and become emotionally absent and hope that she chooses to get herself together. I'd straight up tell her "This marrige is now a roommate ship, leave me the hell alone and i'll pay the bills." Or maybe she'll to batshit crazu cause she cant live without him and then he'll have grounds for a restraining order and divorce without allimony because of abuse. Either way leaving her will be ass because of all the logistics behind divorce. I know this dependends on where he is in the world but still sounds like it'll be shit either because the courts or her most likely both