I was married for 25 years and am currently separated for 1 1/2 years. We have 2 children, one is 20(junior in college) and the other is 15(freshman in high school). Our 401k's are even, she makes more than me in salary(about $30k a year more). I have been paying her $2500. more in salary than I make so she can afford the family home and not disrupt my children. The way I see it is because we make the same amount of salary, I would just have to pay child support. If she could remain in the house on that amount she wouldn't have to sell. She thinks that even though she makes more than me a judge would require me to pay part of the mortgage plus child support. By the way she lives in a 3000sq ft home and I rent now. She is the one who wanted the separation and had an emotional affair.
Submitted by razor0805 on Fri, 10/15/2010 - 18:42
Marital home in MA Divorce
Typically, the house is marital property and the mortgage is marital debt. In almost all divorces, the question of what happens to the house is settled through negotiation between the parties and/or their attorneys. If you cannot reach an agreement, the court will decide. Marital property and marital debt will be divided by the court in a way that I cannot possibly predict, based on the unique facts of your financial situation. If your wife gets to stay in the house, then you may, for example, be awarded other marital property. If I were to throw out a guess, I would disagree with your wife. While it is possible a court would order you to pay the mortgage while she remains in the house, it does not seem likely based on the facts you have provided. A more likely outcome is that the court will order the sale of the house and divide any proceeds equitably, which, in Massachusetts does not necessarily mean equally.
My guess is not really helpful to you, however. If you are getting a divorce and you have child support and asset division issues, as you do, you absolutely need to talk to a Massachusetts divorce lawyer. She will be able to look over your situation and, based on her experience, give you a more useful prediction of how this issue should be resolved. More importantly, she will be able to negotiate a favorable settlement with your wife or her attorney and protect your interests. If you and your wife were hoping to avoid attorneys, you should consider divorce mediation. Good luck.