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Q. Will I have to go back to work after divorce? |
Dear Donna,
I retired early from the Federal government because our daughter was starting a new high school and I had health problems. We are separated now, our daughter will graduate this year, but I still have all of the health problems and then some! Is a judge going to make me go back to work with these continuing health problems, and after being unemployed for five years? ~Retired but Worried
Dear Worried,
Setting alimony or spousal support is one of the most difficult aspects of a divorce. Yes, the status quo is that your husband and your income from early retirement have supported you for the past five years. Sometimes financial realities require a change in the status quo after separation, and sometimes not. You don't need to wait for a judge to tell you which way the wind blows on this important question. When you take the initiative to gather the necessary information, you'll be able to more effectively negotiate for what you need. This will help you whether you are in a settlement process such as Mediation or Collaborative Divorce or heading to court to have a judge make the decisions.
What is the income available to you and your husband from all sources? What have your living expenses been as a family and what changes are there since the separation? Be sure to consider your need for ongoing health insurance. What are the assets that will be divided?
After considering all these factors, is the available income (from your husband's employment and earning from assets) large enough to provide for all your needs as well as his and your child's, or is there a shortfall? Do you have some capacity to contribute to your support needs through employment, perhaps after some re-training?
Many women find it very helpful to engage the services of a Certified Divorce Financial Analyst to assist them in developing and analyzing this information. Also check out the extensive financial resource available on this website.
Spousal support/alimony laws are different in each of the 50 states. You should see an attorney for legal advice on this important subject before any negotiations begin.
Good luck!
This article is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce.
