|  |
 |
|
|
Squeezing Alimony from a Rock
Jan L. Warner & Jan Collins
Question: During our 22-year marriage, I have worked in an office and turned all of my earnings over to my husband, who controls all of our finances. I pay for the health insurance that covers him and me. We have no children, and I have no retirement other than Social Security, which is 15 years away at a minimum. I own nothing, not even my car.
My husband, whom I have decided is inherently lazy, has not worked throughout our marriage because he inherited quite a bit of property from childless aunts and uncles and his father. He is an only child and stands to inherit more than $750,000 from his mother, who is 82. Some of his property is held in trusts, from which he receives income to supplement the income that I earn. Other property, such as the house we live in, is in his name.
Even though he doesn’t work, he does nothing at home whatsoever. I do the cleaning and laundry, and I go to the grocery store with a check he writes out for me. He keeps me on a budget while he goes hunting and fishing when he likes, plays pool and cards with his buddies, buys nice clothes for himself, and takes trips (mostly without me because I have to work) to the Caribbean and Mexico. Sometimes, he is not home for days at a time without explanation.
Being 47 years of age, I feel I am getting more behind every day. I went to a lawyer who told me that because my husband’s assets were inherited and were kept separate from me, I could not get a property settlement. He also told me that because I worked, it was unlikely that I could get any alimony. He told me I was in a rare situation where there was nothing that could be done for me. I am fed up, but am afraid to leave my husband because I have no credit, no money, no car, and nowhere to live. This does not seem right to me.
Answer: Nor to us. Family courts are courts of equity, and, in our view, the equitable maxim, “Where there’s a wrong, there’s a remedy,” should apply to your situation. It sounds like your husband has lived the life of Riley long enough.
Based on our research (of which we believe your lawyer should do more), we have found that in situations similar to yours, courts have determined that alimony may be awarded as an interest in property -- including from a future interest in non-marital, inherited property-- not just in monthly payments from a spouse’s recurring income.
For example, one state Supreme Court decision awarded the wife alimony in the form of an interest in her husband’s residence, giving her possession of the residence until her remarriage, and then a portion of the equity while requiring him to pay the indebtedness, taxes, and insurance in the interim.
Other court decisions have upheld granting alimony in a lump sum to a wife and giving the husband the option of satisfying the award through a transfer of assets, including inherited property.
Depending on the law of your state of residence, we believe that by using a little elbow grease in the law books, your lawyer may be able to come up with a theory of recovery that will benefit you financially.
Need more advice or help with this topic? Click here to get information about taking the "Next Step".
|
© 1986 - 2012 Jan Warner. Please See our Terms of Service and Privacy Policy. Please feel free to contact us with any comments.
Planning Your Future with 20-20 Vision
|
|
 |
|