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Old 01-12-2012, 07:46 AM
 
Location: Center of the universe
24,645 posts, read 38,648,279 times
Reputation: 11780

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Quote:
Originally Posted by joeclyde View Post
My question is.

Should I hold out for more money?

Sue her for alimony?
Only if she's independently wealthy or makes substantially more money than you do. Otherwise, it ain't worth the fight.

Quote:
get revenge on her ex?
Hell yeah. But wait a while. A long while. Revenge tastes best when served cold. And if after reflecting on it over a few years, you still feel you need to pay him back rather than forget/forgive/ignore, plan meticulously and strike back subtly and stealthily.

Quote:

Sue her for part of her 401k? Or take the deal and just get out of the marriage as fast as possible?

You've got no kids together and no reason to be further connected. If you think you financially can't get anything more than the deal offered above, take it and move on.
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Old 01-12-2012, 07:46 AM
 
13,011 posts, read 13,045,846 times
Reputation: 21914
Divorce laws vary from place to place. But don't worry about what she is going to do with the house. She can rent it, she can default on it, whatever. Once your name is off the mortgage, it is not your problem.

Take the $5K and run. It is a GREAT deal for you. Assuming she can refi, which all depends on her income and stuff.

Look at the alternative. If you sell the house for $190, you have to pay a 6% real estate commission (about $11K), plus pay off the $185 mortgage. Plus whatever closing costs. And the mortgage until it sells. In that situation, you would actually need to come up with about $3K in cash, if not more.

If that is her offer, take it now.

The standard IANAL disclaimer is necessary, but it is my understanding that with a two year marriage, you are unlikely to get alimony, unless there is a huge discrepancy in incomes. For the 401K, you are probably entitled to 1/2 of the increase in value over the past two years. You would not be entitled to any of the value it had before you got married.

You are probably angry and hurt at the moment, feeling betrayed, and want to get back at her. All of that is natural, but the courts generally do not care. 50/50 marital asset split is generally what happens.

If she is offering anywhere close to 50/50, don't fight. It is really easy to run up a $5k legal bill, if not more, and if you are only talking about that much in marital assets, what is the point?

ETA: What lucidkitty said. Great advice. And with the small income disparity over 2 years, you are not going to get any alimony, so suing for it is silly. Any divorce lawyer will tell your ex that you are just throwing money away by threatening.
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Old 01-12-2012, 07:48 AM
 
Location: NC
6,032 posts, read 9,211,195 times
Reputation: 6378
Quote:
Originally Posted by Lucario View Post
Revenge tastes best when served cold. And if after reflecting on it over a few years, you still feel you need to pay him back rather than forget/forgive/ignore, plan meticulously and strike back subtly and stealthily.

Go to the library and grab all of the bill me later magazine inserts you can and then go to the newstand and find the most obscure and odd magazines that you can.....

Fill out the cards with his address and check the bill me later

It will take him ages and hours of customer service to get the subscriptions cancelled...

If you really wanted to cause trouble... forward those emails to his wife, after the divorce is settled. I am sure your soon to be ex will cause them drama all on her own though.
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Old 01-12-2012, 07:51 AM
 
Location: Center of the universe
24,645 posts, read 38,648,279 times
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Quote:
Originally Posted by Suncc49 View Post
Go to the library and grab all of the bill me later magazine inserts you can and then go to the newstand and find the most obscure and odd magazines that you can.....

Fill out the cards with his address and check the bill me later

It will take him ages and hours of customer service to get the subscriptions cancelled...

If you really wanted to cause trouble... forward those emails to his wife, after the divorce is settled. I am sure your soon to be ex will cause them drama all on her own though.
Yeah, this is sort of the kind of thing I was thinking of..............
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Old 01-12-2012, 07:52 AM
 
Location: North America
14,204 posts, read 12,279,947 times
Reputation: 5565
Quote:
Originally Posted by Lucario View Post
Yeah, this is sort of the kind of thing I was thinking of..............

Lets remember we have no clue on her side of the story either. So i think encouraging revenge when this guy could have done shady things himself is wrong.
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Old 01-12-2012, 07:52 AM
 
13,011 posts, read 13,045,846 times
Reputation: 21914
Quote:
Originally Posted by Suncc49 View Post
Go to the library and grab all of the bill me later magazine inserts you can and then go to the newstand and find the most obscure and odd magazines that you can.....

Fill out the cards with his address and check the bill me later

It will take him ages and hours of customer service to get the subscriptions cancelled...

If you really wanted to cause trouble... forward those emails to his wife, after the divorce is settled. I am sure your soon to be ex will cause them drama all on her own though.

AFTER the divorce is final. Don't poison the well beforehand. Antagonizing your ex beforehand is only going to cost you.
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Old 01-12-2012, 07:58 AM
 
365 posts, read 644,780 times
Reputation: 397
Wow. I'm glad I did this. Great pool of information on CD. I feel like a weight is lifted off of my mind.
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Old 01-12-2012, 08:01 AM
 
Location: Atlanta
6,793 posts, read 5,661,715 times
Reputation: 5661
if it where me, i would want a clean escape route and she has given you one.. take it. If it where me..
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Old 01-12-2012, 08:11 AM
 
Location: Center of the universe
24,645 posts, read 38,648,279 times
Reputation: 11780
Quote:
Originally Posted by Lucidkitty View Post
Lets remember we have no clue on her side of the story either. So i think encouraging revenge when this guy could have done shady things himself is wrong.
Point taken. We don't know what OP may have done.

But we do know that she has done some pretty nasty stuff - messing with an ex when married is verboten.

I'm just saying what I would do if in this situation.
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Old 01-12-2012, 08:14 AM
 
27,957 posts, read 39,775,529 times
Reputation: 26197
The income difference is not great enough to warrant alimony. I am guessing you two purchased the house together as part of the marriage. If so, she can have the house, make sure your name is off the mortgage.

If there is huge retirement or other source of wealth them perhaps have at it, if possible. The issue is did she accrue it while married to you?

Honestly your best bet unload the house and come out clean or as close to clean as possible. Revenge is best served cold. Or it is more fun to watch them be miserable without any sort of intervention. Even better is not caring at all.
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