Legal Question in Family Law in New Jersey
Spouse delibrately generating almost no income
Hello,
My spouse and I intend to divorce, and have not filed yet! This intention was indicated approximately 6 months back. I have been the main provider and my spouse has earned approx 36 thousand last year. Since the last five months I see that my spouse, who is an independent agent has almost stopped soliciting clients. Earlier she used to be very busy making phone calls from the home office to prospective clients from lists provided to her by the agency for which she is an independent contractor. The phone logs can prove the drastic reduction in the solicitations. The intention is to receive a bigger alimony. I earn 120 thousand a year and we have been married for over 20 years. She sits at home the whole day watching TV and gossiping on the phone, and does not attempt to find another job. The children are grown up and away in college. She has an MBA degree and another masters degree. Can income be attributed to her during the divorce.
Also, she has been squirrelling away her income while I have carried all the burden since marriage and taken loans to meet college and other expenses. How do I present these facts to the judge to come to a fair settlement.
2 Answers from Attorneys
Re: Spouse delibrately generating almost no income
I understand your points. Yes, you have an argument there.
You are absolutely crazy to try to do this without a divorce attorney, and a good one. Please retain and consult an attorney immediately. If you are in northern NJ, please contact me.
Re: Spouse delibrately generating almost no income
Whatever she normally earns will be attributed to her. She can not gain from voluntarily reducing her income.
Whatever she has squirreled away, that you can find, with all other marital assets be divided between you on a 50/50 basis.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com