TD-40 wrote: ↑December 28th, 2019, 5:34 am
If someone marries a woman from another country and brings her to the United States to live and have a family, and then later you get divorced, what are the chances that you would need to pay alimony to her?
How does alimony usually work? ie. how much would you pay? How long would you pay it?
Do the divorce courts take into consideration who is at fault for the divorce when determining alimony?
how does child custody factor into the alimony?
Can alimony be prevented in a pre-nuptiual agreement?
Today, the modern age, why is alimony even a thing when most women are working and have careers anyway?
I'll go into why I am asking these questions but first would like to lay the groundwork of understanding about alimony. Thanks guys.
Very complicated question. Will you pay alimony? Depends on the state, the length of marriage, the lifestyle that you and your soon-to-be-ex live, your income, her income/ability to earn income in the future, your relationship with your wife, and dozens of other factors. If you drunkenly marry and divorce a year later, alimony is a probably non-issue. If you are married to a non-working housewife for 35 years and divorce in your late 50s, you may be looking at lifetime alimony in some states.
Assuming your marriage is long enough to qualify for alimony, some states have rules of thumb like 1 year of alimony per 3 years of marriage. Recently heard of a guy in my state who got divorced after 23 years of marriage and is on the hook for 6 years of alimony. Another guy I know who divorced after 15 years gave his wife 60% of their marital assets (rather than 50/50) if his wife agreed to forgo alimony. They were
loaded so that 10% difference was probably worth $300-400k. The amount is generally something between your income and your ex's income potential (assuming a floor of minimum wage).
Child custody is a factor in determining
child support, which is separate from alimony. Alimony I believe used to be called
spousal support/maintenance. Child support is generally
non-negotiable and determined using a state formula - no exceptions. One thing that you plug into the child support calculation is % custody, so if your ex gets 100% custody, you're looking at higher child support than if they only have 50% custody.
Prenups can limit alimony if they hold up in court during the divorce. Judges routinely wipe their asses with prenups - all the ex needs to do is claim she was pressured or under duress to sign it, and poof it's gone. Pre-marital assets (among others, like inheritances) are generally not subject to asset division during divorce, but you need to be careful to document everything and
not comingle pre-martial assets with post-marital assets, otherwise they may be subject to division during the divorce.
The rule of thumb is in a divorce, assets acquired post-marriage are split 50/50 and child support is determined using a formula. If you are on good terms with your soon-to-be-ex, you may be able to work out an agreement that is win/win and you'll save a ton of money on attorney fees. If your soon-to-be-ex is hostile and has a hungry attorney, things will still be split 50/50 minus attorney fees. This is why maintaining an amicable relationship during divorce can save a TON of money and make the process a lot easier.
If your are bringing over a foreign wife, you'll need to submit an I864 Affidavit of Support during the immigration, which means you're on the hook for any government services your wife uses until she meets certain criteria, and you'll also be responsible for keeping her above the federal poverty level. This continues even after divorce. Another subject for another day...