Divorce after Twenty years together Community Group
I want to start something for those of us that were married for a long long time. I think that we face a little different issues than those who were dating for a few years or even married for shorter period of time. Being married for so long we have older children some have grandkids dealing with teenagers and their reaction to the divorice empty nesters dating after 40...
Alimony is alimony -- "rehabilitative" is the term used to describe a set amount of alimony over a set period of time (i.e., until such time as the recipient has achieved enough education and/or training to adequately support themselves). "Indefinite" alimony is where there is no set time for the alimony to be paid within. This is rarely awarded -- usually just in cases where the recipient has some sort of health problem that prohibits them from being able to fully support themselves or is so old they can't. NOTE: 99% of the time, ALIMONY is taxable to the recipient as income and tax-deductible for the one who is paying it.
http://www.sc-aaml.com/lawprimerpopups/alimony.htm
See #2.
The courts here (Ontario) pretty much leave settlement decisions up to the judge, and judge "A" might not subscribe to the idea that alimony is a given in a long marriage where the spouse has an education and should be able to earn a living so....zero alimony awarded. It's a crap shoot what judge you get so.....I chose the lump sum.
Good luck with your decision. Only you know what's best for you.
I took a partial lump sum for child support. I lost about 20% of what I could have gotten because the lump sum takes into account the loss he suffered by having to pay so much at once, and the amount of interest he could have made over the next 10-15 years if he had the money in the bank.
This allowed me to keep the house and pay off the mortgage with the lump sum
It has turned out he still pays his child support on time and has never missed a day. I would have sworn I would never see a cent. But here we can garnish wages for child support very quickly, and he was young enough and likes his toys that he couldn't just quit his good paying job.
Good luck !!!
Ok, I googled it and here's the summary of definition -- LUMP SUM ALIMONY:
"A lump sum is a large, fixed payment comprising all of the alimony, for example, lump-sum alimony, which is a fixed payment from one ex-spouse to the other. LUMP SUM ALIMONY IS OFTEN GIVEN INSTEAD OF A PROPERTY SETTLEMENT WHEN THERE IS LITTLE PROPERTY TO DIVIDE."
The ALL CAPS used are for EMPHASIS -- you gotta consider what other assets you are asking for part of!
And the bottom line still remains -- if the cash isn't there, it isn't there. The now-X could have easily afforded to pay me in a lump sum what I got him to agree to over the ensuing 6 years, BUT it would have meant liquidating a lot of investments and raiding his IRA. I knew he was good for the money long-term AND because our financial settlement was negotiated and agreed upon INDEPENDENT OF THE COURT, I could make it stick if he decided to get stupid about it.
If you truly want to achieve a lump sum, you might seriously want to think of making your request appealing to your ex by allowing a [cash] discount. In the real world, those who do have upfront cash carries weight generally requires the privilege of a discount. Otherwise your ex can hold onto his pot and make you wait monthly like everyone else if he says no. There's really no lost in the payout.