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re: Alimony.scenario

Posted on 7/23/23 at 5:54 pm to
Posted by LetzGeaux
Member since Feb 2017
319 posts
Posted on 7/23/23 at 5:54 pm to
Easy as this. You give her half of the 65k and take half of her 401k or you both walk away with each intact and find another buffet to graze at.
Posted by TDsngumbo
Member since Oct 2011
49282 posts
Posted on 7/23/23 at 5:56 pm to
quote:

Why are you, of all people, asking why someone is asking a basic question on here?

Like a moth to a flame. I had you specifically in mind when I asked him that question
Posted by BilbeauTBaggins
probably stuck in traffic
Member since May 2021
7668 posts
Posted on 7/23/23 at 5:59 pm to
quote:

She beats around the bush and doesn't really give concise answers...

Isn't the whole point of an attorney to have someone to guide you in your current life situation and advise you on these decisions? You pay them to represent YOUR best interests, not your soon-to-be ex.
Posted by JimTiger72
Member since Jun 2023
16600 posts
Posted on 7/23/23 at 6:05 pm to
quote:

I have my own business. Wife's name isn't on it. She's trying to claim it as a marital asset. Thing is, my business is worth maybe 400k. It's in debt 335k. How does this work? If she tries to claim the 65k asset, doesn't she have to claim 167k of debt? (That would be half)


Is that an alimony question/scenario?

quote:

11 year marriage.

Doesn’t matter if her name is on the LLC or not, what’s mine is yours.

quote:

She has worked the whole marriage and has well over 100k in her retirement/pension.

Applies to this too.

Best of luck, but if your attorney can’t answer these questions for you, then you need a new one.
Posted by Cuz413
Member since Nov 2007
10041 posts
Posted on 7/23/23 at 6:07 pm to
Does she have a degree? Did she acquire it after the marriage?

Some attorneys have argued that the degree is an asset she acquired during the marriage that she will keep after the divorce, so maybe some horse trading on the split with the business.

Also, divorce is not a 50/50, it is an equitable separation.
Posted by PrattvilleTiger
Prattville Al
Member since May 2020
2588 posts
Posted on 7/23/23 at 6:09 pm to
Yes, she has a Masters. I have a Bachelors. She got it well before I married her.
Posted by doubleb
Baton Rouge
Member since Aug 2006
41891 posts
Posted on 7/23/23 at 6:13 pm to
quote:

Thing is, my business is worth maybe 400k. It's in debt 335k. How does this work?


I don’t believe you really know how much your business is worth. Do you turn a profit each year?

Posted by PrattvilleTiger
Prattville Al
Member since May 2020
2588 posts
Posted on 7/23/23 at 6:14 pm to
Yes
Posted by doubleb
Baton Rouge
Member since Aug 2006
41891 posts
Posted on 7/23/23 at 6:19 pm to
quote:

Yes


So you turn a profit after you pay on your notes? Good.

A business is roughly worth four or five times your earnings with consideration given to properties the business owns.

If you turn 100K a year then your business is worth about 400 K. Your ex will go after half of that.
Posted by ZIGG
Member since Dec 2016
11924 posts
Posted on 7/23/23 at 6:29 pm to
funny how we're in 2023 and we are forced-fed all of this "women don't need no man" and "women can do anything better than a man", etc. .... but as soon as the going gets tough ... all of that girl power nonsense goes straight out the window ... all of a sudden they're back in 1953 and need a man's money to survive.

people want to bitch about equality, but the true and biggest inequality in this country is men constantly having their lives destroyed because of a bias court system... Divorce Reform is desperately needed in this country.
Posted by WhiteMandingo
Member since Jan 2016
7468 posts
Posted on 7/23/23 at 6:33 pm to
You will get half of the 65k but you can get half of her 401k which is more then her half.

Does she make more money the you ? What is the differential in income?

Posted by liz18lsu
Naples, FL
Member since Feb 2009
17928 posts
Posted on 7/23/23 at 6:34 pm to
quote:

people want to bitch about equality, but the true and biggest inequality in this country is men constantly having their lives destroyed because of a bias court system... Divorce Reform is desperately needed in this country.



Posted by LSU fan 246
Member since Oct 2005
90567 posts
Posted on 7/23/23 at 6:37 pm to
quote:

Why are you, of all people, asking why someone is asking a basic question on here?


Posted by momentoftruth87
Your mom
Member since Oct 2013
86110 posts
Posted on 7/23/23 at 6:38 pm to
Hey my wife and kids are sick, should I go to the Walgreens and get Tylenol? - tdsngumbo
Posted by LSU fan 246
Member since Oct 2005
90567 posts
Posted on 7/23/23 at 6:46 pm to
He honestly can't take a shite without asking this board how to.
Posted by EvrybodysAllAmerican
Member since Apr 2013
12650 posts
Posted on 7/23/23 at 6:55 pm to
Common sense tells me whoever is keeping the business would have to settle up and pay the other for 1/2 of the 65k value of the business. But If you are the business I think it is valued at what you could sell it for with a non compete clause in the contract (much less) and minus the liabilities.

Ps: I am not a lawyer and did not stay at a holiday inn express last night.
Posted by lsugradman
Member since Sep 2003
8947 posts
Posted on 7/23/23 at 6:56 pm to
This isn’t really an alimony question. This is a division of assets question. Doesn’t matter if her name isn’t on it. Unless you owned it before y’all got married it’s community property and the debt and value will be divided equally
Posted by momentoftruth87
Your mom
Member since Oct 2013
86110 posts
Posted on 7/23/23 at 6:58 pm to
If she has nothing to do with it and not incorporated, probably little. However I doubt that you have kept it clean from personal so I assume she will be involved somehow and I can’t tell you how that will go.
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
31692 posts
Posted on 7/23/23 at 7:00 pm to
quote:

Lol....that's not what my attorney tells me..


You’re attorney is correct - she wants the biz, she get all of her half, debt and assets

I hope you’re lawyer if really good - I used Wendy Brooks Crew (won custody of my 13 month old daughter) - she is excellent

Greg Starkey is also very good

Good luck

Posted by Pelican fan99
Lafayette, Louisiana
Member since Jun 2013
38941 posts
Posted on 7/23/23 at 7:03 pm to
Damn 260 is a big ole girl
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