My husband and I have been married 5 years, no kids and only have one home (mortgage) and about $350,000 of vehicles and etc. He makes about $200,000 and I make $30,000 a year. Every year he gets "laid off" for a couple months (Dec/Jan). We both still live in the house, are being civil and are trying come to an agreement (which so far is not working too well). I have not yet filed for the divorce and he doesn't seem to be in any hurry. Should I file before he temporarily stops working? And, if I file after he is "laid off" even though this is consistent every year, will it then be best to wait until he start working again?
If you are already discussing divorce, then I'm not sure that it matters. If he were going to purposely not get another job after being laid off because of divorce, then he could do that whether you file now or wait.
If you need interim support and attorney's fees, then he really needs to be employed for that to be Court ordered monthly unless there is another source of funds to take from to pay the bills. If there is a large bonus or large savings, then support/fees could come from that source.
Keep in mind that it take about 30 days from the date of filing to get to mediation/temporary orders hearing.
Small details can really change strategy, so you really need to consult a lawyer to make this decision.
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