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Author Topic: US Law Screws The Man Yet Again!  (Read 710 times)

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Online yankee

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Re: US Law Screws The Man Yet Again!
« Reply #15 on: March 21, 2018, 06:25:38 PM »
Here's the thing, if you lot enter into marriages like they are short-term conveniences then you are going to have multiple divorces and, until you change the divorce system, you will pay for your pleasures. Neither marriage or divorce are compulsory, they are both voluntary choices; but a poor choice of marriage is gonna make divorce more likely and that's a convenience for which you pay, yes?

Divorce laws vary from state to state and can vary to a certain extent within a state based on the bent of the domestic relations judge hearing the case in each county.

In my case, spousal support was set on an existing formula.  My attorney gave me a range of $500 on what he expected the judge to award based 100% on the existing income earning disparity on the trial date between myself and my now x-wife.  Predictably, the midpoint of his range was exactly what the judge awarded.  Even though we had spent $15,000 of "marital assets" putting my now x-wife through massage school and the state average earnings of a masseuse was $30,000 per year, the judge determined that my x-wife would only likely earn the state minimum wage of $8.50 per hour for $17,000 per year.  This increased my "spousal support" $1250 per month for the 4 year term - or about $60,000 total.  Nice . . . . . . . . . .   

I think you can understand my resentment concerning the tax treatment of alimony in 2019 going forward.     

My state, Ohio has a reasonably progressive attitude about the division of property in a divorce.  In Ohio all assets are acquired during the marriage are split 50-50 regardless of who earned the money to procure those assets.  Russian women should delight in the fact that "keeping a cozy home and cooking tasty meals" but earning zero taxable income during the marriage is viewed in the eyes of the law here in Ohio as an equal financial contribution in a marriage as a husband who earned $250,000 per year during the marriage.  In the words of Mr. Bumble in Oliver Twist, ". . . . the law is an ass".   

This brings us back to one of the ancient debates on this forum - prenuptial agreements.  Based on my personal experience, it is my opinion that any successful man would be a total idiot to marry without one.         

If you are not willing to pay the price don't play the game.
What is worse than not being able to get what you don't even want?

Offline Omega1982

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Re: US Law Screws The Man Yet Again!
« Reply #16 on: March 21, 2018, 09:01:41 PM »
Very valuable information here. 

Guys that don't have a prenup can also get screwed out of half of their 401k which can be a major problem since pensions have disappeared for the younger generations. 

I had asked a while back if Russian and European men get cleaned out as much and as easily as Americans. 

Would be a good case study, especially since some jobs allow people to work remotely and in some aspects Russia has become very attractive. 

Online shakespear

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Re: US Law Screws The Man Yet Again!
« Reply #17 on: March 22, 2018, 07:20:20 AM »
Guys that don't have a prenup can also get screwed out of half of their 401k which can be a major problem since pensions have disappeared for the younger generations. 


True that!  In spite of the fact that I made the full $6500 IRA contribution for my wife each year for the last 10 years of our marriage with income I had earned, the judge allowed her to keep that money as "her asset" but made me divided my 401k plan base on the growth of the portfolio from the date of marriage until the date the case was filled in court. In other words, if the value was $85,000 on the marriage date and the value was $600,000 on the date the case was filed in court, she would receive $257,500.   

My attorney told me after the fact if I would have been wise enough to have a prenuptial agreement in place that included the reasonable stipulation that I was only required to make the maximum allowable IRA contribution towards my wife's retirement during each year of marriage and in doing so each would be able to keep their own 401k plans, it would have saved me a quarter of a million dollars in the divorce settlement.   
"If you obey all the rules, you miss all the fun" - Katharine Hepburn