By: Michael Gora
Q My wife and I have been married for only three years. We are both in our late thirties and were both partners in a large accounting firm until a year ago when she became ill, and could no longer work. She had a long-term illness, which had been in remission since we had met.
I feel like I had been defrauded, she never told me that she might become disabled from an illness I never knew about. We discussed many things before we married that neither of us wanted children; that we would work together, pay our bills, and be able to save considerable money over the years and retire early. Now all that is out the window.
Last week she served me with papers for divorce. Not only is he asking for half of what we had saved so far, she is asking for permanent alimony. I do not want to hire attorney, looked up theFloridalaw online, and told her she could not get permanent alimony after a three-year marriage. She told me her high priced lawyer had told her different. Who is right?
A Under most circumstances you would be right, but not under these circumstances. A three year marriage would usually not qualify a person for permanent periodic alimony, no matter how much more one person earned than the other.
Her illness, however, will give a judge the discretion, and perhaps even the obligation to provide her permanent alimony in an amount of money to support her, completely. There is no specific formula for alimony, as there is for child support. In considering your income, and lifestyle, the judge will consider some range of alimony and pick a number based upon all of the facts.
From what you have said it appears that your wife should diminish her needs by filing for Social Security disability.
The fact that she withheld this information between you may or may not play into the court’s consideration of the amount. You may also have to pay her attorney’s fees as well. You might reconsider your decision not to hire counsel.
The decision that the judge makes will probably affect the rest of your life and hers. Your degree in accounting does not give you the experience necessary to try to sway the court in your direction at a trial.