Until the Complaint for Divorce is filed the time-line of your marriage continues to grow, leaving you further exposed to an obligation to perhaps pay alimony as well as lose a part of your retirement benefits. Accordingly, it may be in your best interest to file a.s.a.p.
Any assets amassed during the marriage are subject to equitable distribution, this includes contributions you may have made to an annunity or benefits amassed in a pension.
Many additional facts/information is required before anyone can provide a meaningful opinion regarding your exposure to having an alimony obligation. Having made that statement, absent exceptional circumstances you would likely have no alimony obligation (or very, very little).
Kenneth A. White, Esq.
Shande and White, LLC
1676 Route 27
Edison, New Jersey 08817
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
Mr. White gives excellent advise. My only addition is that your statement implies that you and your wife had your child together over seven years ago and that you have been together since then. If that is the case, and your wife made sacrifices that you both agreed to and that set her career back, the court may consider that as an equitable factor in contemplation of alimony. Good luck.
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Other than the home and child support, there should be no other claims by her against you.
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Probably not but it is difficult to determine. Alimony was created to assist a spouse who lost the opportunity to advance his or her career during the marriage. The purpose of alimony is to assist that spouse in maintaining a comparable life style that he or she shared while he or she was married. Some of the factors that a court will consider in determining whether or not to award alimony include, but are not limited to, their resepctive ability to pay, the duration of the marriage, the age and health of the parties, the standard of living during the marriage, their earning capabilities and employability and equitable distribution of the marital property.
Based upon the short duration of your marriage, alimony is unlikely. However, if she changed her position (quit school or her job) or has significant child care responsibilities, you may have a very small, short alimony obligation.
However, the longer you delay filing for divorce, the greater your chance of paying alimony becomes.
Regarding your pension, again, I do not believe the court will award your spouse any considering the short duration of the marriage. Pensions are divided in equitable distribution. Equitable distribution is the principle that divides assets and debts. This does not mean equal distribution but, instead, is determined by the court after considering a number of factors. Some of these factors include, but are not limited to, the length of the marriage, the contributions of both parties to the acquisition of assets and debts, the ability of the parents to earn once divorced, childcare responsibilities of either parent come, any other assets available to contribute to support, and any other factor that the court considers relevant.
Despite these issues, the equitable distribution of assets and debts in a divorce case are commonly equal because there rarely reasons to deviate. Some common reasons to deviate are unequal contribution to the acquisition of assets and debts, a grossly disproportionate ability to earn support once divorced and other reasons deemed equitable by the court.
I do not see the court awarding any of your pension or retirement accounts.
Brad M. Micklin, Esq.
The Micklin Law Group
187 Washington Ave., Suite 2f
Nutley, NJ 07110
This information is based upon the limited facts you presented. My advice may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.
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