Posts

spouse voluntarily quits his job during divorce

How To Fight Back When Your Spouse Quits His Job During Divorce

spouse voluntarily quits his job during divorce

 

It is a scenario that plays out over and over again in divorce courts everywhere.

You took care of the home during your marriage while your spouse made the money.  When it became clear you were heading for divorce, you discussed your case with a lawyer, who told you that you had a “classic” alimony case.

Then out of the blue, your spouse lost his job.  Now, your spouse’s position is that alimony is not appropriate because the money is not there.

If this has happened to you then take action immediately.  While most State laws will put a burden on you to prove that your spouse is voluntarily unemployed, the divorce courts provide you with all the tools you need to succeed.

Below are the four steps you must take when your spouse quits his job during divorce.

Pull Your Spouse’s Tax Returns to See Total Income Earned When Working

If you and your spouse filed jointly, then you can pull your tax returns yourself in less than 15 minutes.

Simply go online to the IRS here: www.irs.gov/Individuals/Get-Transcript. . or simply google “Pull Tax Transcript”, and click on the IRS website.

You will be prompted to create a username and password on the IRS website, and you will be asked private questions to confirm your identity.

Once complete, you can simply download a PDF of your Record of Account transcript, which will provide all of the information you will need.

If your spouse filed separately, then your attorney will have two options to get the tax returns from your spouse.  Preferably, your spouse will simply comply and turn over a copy of the requested returns.  If your spouse is being difficult however then it will be easier to have the Court force the Husband to execute an IRS Form 4056-T and go directly to the IRS to pull the statement.

Gather Your Spouse’s Previous Employment Records with a Subpoena

Now that you know exactly what your spouses reported income, you want to dig further into the employment file.

You will be looking for additional income and benefits as well as nature and reasons that your spouse is currently unemployed.

Your attorney can get this information by sending a simple subpoena to your spouses’ former employer requesting his file.

Because unemployment compensation is a real issue for businesses big and small, employers usually thoroughly document the details surrounding an employee’s’ exit.

You are looking for records that show your spouse either left his or her job voluntarily or that the poor performance by your spouse that led to termination coincided with the divorce.

Frequently, the employment file provides slam dunk evidence when a spouse leaves a job to tactically help his or her divorce case.

Gather Your Spouse’s Medical Records

Is your spouse claiming an inability to work for health reasons?

While this is a common tactic in alimony and child support cases, you can swiftly and quickly debunk this claim by requesting authorization for release of medical records.

Simply, you will ask your spouse to sign a document allowing your attorney to pull any and all medical records related to his or her ability to work.

And if your spouse refuses to sign this document, your attorney can ask the Judge to force the signing of the release.

A common tactic to increase leverage is for a spouse to feign ill health and the inability to work.  By pulling health records immediately, you can disarm this tactic before you enter settlement negotiations.

Find Job Opportunities and Your Spouses Potential Income

Now that you have gathered your spouse’s’ employment and health records, you need to show the Court the jobs in the community and earning potential available to your spouse.

And while you can certainly gather this evidence yourself, when possible you should hire a vocational expert in your community to prepare an occupation report.

These reports typically do three things:

  • First, the expert takes the employment and health records that you and your attorney have gathered and delivers an opinion on your spouse’s ability to work and whether unemployment is voluntary. The best experts are qualified to discuss medical records when giving their opinion.  Judges tend to lean heavily on expert opinions in family law.
  • Second, the expert finds job openings for your spouse. The expert searches your town and neighboring towns for actual job leads, and then calls the job leads and verifies that your spouse is a fit.
  • Finally, the expert draws a conclusion as to the amount of money your spouse is capable of earning in a given year.

These expert reports can be very difficult for your spouse to defend.

Conclusion

A voluntarily unemployed spouse can seriously damage the value of your case unless you take action. While it will require work, you have the tools needed to cut through the gamesmanship and get a fair resolution in your case.

The post How To Fight Back When Your Spouse Quits His Job During Divorce appeared first on Divorced Moms.

Read More –>

How your spouse behaves during divorce settlement negotiations will have a direct impact on whether or not you get a fair divorce settlement.

Will Your Ex Fight Fair During The Divorce Process?

How your spouse behaves during divorce settlement negotiations will have a direct impact on whether or not you get a fair divorce settlement.

 

How your spouse behaves during divorce settlement negotiations will have a direct impact on whether or not you get a fair divorce settlement. Unless of course, you are able to head him off at the pass.

Will Your Ex Fight Fair During The Divorce Process?

I’ll use my personal experience with divorce as an example of the point I will attempt to make in this article. During our marriage I had certain expectations of my husband; once the divorce had been filed I had the same expectations. BIG MISTAKE!

I knew my husband to be a kind, considerate and respectful man. I thought those character traits would carry through and play a role in the way we settled our lives during the divorce process. I failed to adjust my expectations and by doing so, I failed to protect my legal rights to the best of my ability.

During a marriage, we feel a sense of responsibility for the well-being of a spouse. For some divorce takes away that sense of responsibility and it becomes about protecting their own interests at the expense of the other.

If you want to come away from your divorce with an equitable settlement you need to anticipate how your spouse will choose to “defend” his/her position during the process. Just because your spouse was not aggressive during the marriage doesn’t mean they won’t be during divorce.

Behaviors That Can Predict What Legal Strategies Your Spouse Will Use:

Financial Power During the Marriage:

Will your spouse attempt to swoop down and take all the spoils? Was he the top earner in the marriage? Does he legal connections? Has he hired a divorce attorney with a reputation for engaging in adversarial divorce?

If your spouse was the one with the power during the marriage divorce isn’t going to change him into someone willing to give up their power. If anything, divorce will make them more relentless when it comes to retaining both financial and emotional power over you.

If your spouse has big money, hires a big name divorce attorney more than likely he is gearing up litigate to the death. If it is at all possible you should arm yourself with the same legal arsenal and attitude.

Emotional Instability:

No one is more dangerous during divorce than a spouse who has come unglued emotionally. If your spouse is not able to let go of negative emotions and use logic during this time then if you are not careful you are in for trouble. You will need to take into consideration that you are attempting to negotiate financial issues with someone who is not thinking and behaving rationally.

All bets are off with this kind of person. They are so unstable that they can’t take care of their own financial welfare let alone put much thought into what might be in your best interest. You will not only want a qualified divorce attorney, but you will also need to consult with a psychologist who is able to help you understand your spouse’s irrational behaviors.

Your Spouse Wants a Divorce Right Now:

Here is an example of the “right now” divorce that can leave you reeling emotionally and financially. Your spouse is having an affair; he is in love and chomping at the bit to build a new life with the new love interest. They, of course, are going to want to take as much with them when they leave the marriage as possible. Building a new life with the other woman can be money intensive and you should expect and prepare for a battle during the divorce process.

On the other hand, the spouse who gets dumped for the new love can attempt to drag out the divorce process by dragging out the process of litigation. He may try to wear you down, make you wait as long as possible to start building your new life in anticipation that they will come away with a sweeter financial settlement. In some cases, a spouse’s desire to move on quickly can be used against them in favor of the left behind spouse.

If you don’t want to end up living from pay check to pay check post-divorce you need to strategically prepare for divorce based on behaviors you are seeing in your spouse. If your spouse is behaving like an enemy you need to take up arms and use any weapons at your disposal.

The post Will Your Ex Fight Fair During The Divorce Process? appeared first on Divorced Moms.

Read More –>