You Thought You Were Paying a Lot of Spousal Support!!

Posted: October 17, 2010 in family law
Tags: , , , , , , , ,

Just when you thought you were paying more in spousal support than you thought was fair, along comes this story from Australia.  As a high-earning professional, the husband took home almost $2 million, including a six-figure bonus, in the last year.  After their split he moved out of the $2.7 million family home and into another property worth more than $1.1 million, which he bought without his wife’s knowledge before their separation.  Hmm, here we call that a fiduciary duty to disclose, but I digress.  It was intended as an investment property if the marriage lasted; instead, he lived there with his children as their primary care-giver.

His former wife hoped to earn up to $50,000 annually working in community services and wanted him to support her financially for two years while she obtained her qualifications.  He objected, arguing that she was employable and could return to her former career as a legal secretary or personal assistant, earning up to $75,000 annually. Her choice of occupation was effectively ”a luxury she cannot afford and which would be at his cost”, he said.

But Justice Fowler noted that the woman ”says she has had enough of the law and lawyers for the time being”.  She told the court the distress of the marriage breakdown and subsequent litigation have made her averse to ”having anything further to do with employment in the legal profession”.  More than two years after the couple separated, after costly proceedings in the Family Court, a judge made parenting orders for the care of their children.”  Given the history of this matter and its attendant costs, one can understand from her point of view that she would wish to distance herself from that profession,” Justice Fowler said.  Her decision not to pursue her former career was not unreasonable, he said, and he ordered the husband to pay her $1000 a week for two years while she retrained.

Now, I agree that the husband makes great money and the wife is probably entitled to spousal support, although there is no indication of how long the marriage was, but I think this is a little over the top.  At $4,000 a month for 2 years, she will receive $96,000 in spousal support and will get to go back to school to boot.  So, next time you write that spousal support check, just think, it could be worse.

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