Legal Question in Family Law in Connecticut
I am contemplating leaving my wife. If I move out and get an apartment, do I have to pay the mortgage on our house plus my rent? Under the guidelines I calculate i will owe about1100 in support every month. Even with the 1100, my wife will not be able to cover the mortgage and taxes and will be forced to sell the house (we have about 100k in equity in it). I just need to know if I leave, can I just expect to pay the support pendente lite and if she is in the house that is her problem?
She is working. Her pay is about 80% of mine. Long term marriage. Both professionals. I paid for her school. Esssentially equal assets in our own names.
Thank you
2 Answers from Attorneys
Since you mention the guidelines I assume you have children and you are referring to child support payments.
If her pay is 80% of yours and you have equity in the house, then you may have to contribute something towards the mortgage pending the divorce so that you don't lose the house. The house would have to go on the market if she is unable to refinance to buy you out and get a lower mortgage payment.
If you move out and a divorce is begun, if I were her lawyer, I'd make a motion for allocation of household expenses to force you to pay a portion of the mortgage, taxes and insurance. I'd expect you to pay 5/9 and her 4/9. I'd expect her to pay the utilities, but, of course, you'd be paying child support which would help her pay them.
To be truthful, the court likes the parties to stay in the house until the divorce is final. They won't admit it, but the reason is that if you are forced to stay together you are more likely to come to a settlement - just to get it over with! This goes both ways, of course. If you move out and are paying a large part of the household expenses plus child support, why would she be in a hurry to get it over with? The liklihood is that with incomes relatively close, you probably won't get hit with a big alimony number when it gets finalized, but while it is pending, you will be ordered to pay at least a big part of the monthly nut.