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When one divorcing spouse makes more than the other

On Behalf of | Dec 11, 2023 | Divorce

It’s not uncommon for one spouse to make more money than the other during a marriage. A Florida family law judge will likely take that into account if asked to create a divorce decree. A judge may also take that into account when reviewing a proposed child support or custody agreement.

Don’t take something just because you can afford it

It may be tempting to retain control of the family house because you can afford the mortgage and other holding costs. However, to retain the house, you may have to cede control of a retirement or taxable investment account. Generally speaking, an investment account will be worth far more in future years than the home will. Therefore, it may still be a good idea to sell the house if it means that you can also keep a portion of an investment account.

About alimony

It’s possible that you will have to make alimony payments as part of a divorce settlement. However, a family law judge will evaluate a number of factors when determining how much you might owe and how long you’ll have to pay. For instance, if your former spouse is young and healthy, that may reduce or eliminate your obligation to pay. Alimony payments might also come to a stop if your former partner gets remarried, receives a large inheritance or is otherwise capable of making ends meet without you.

There are many ways in which you may be able to protect assets in a divorce. For instance, you could put them in a trust or include them in a prenuptial or postnuptial agreement. Bank statements, tax returns and other documents may also help to prove that an asset belongs to you or that your spouse doesn’t need alimony.