Even though the parties (or, more accurately husband) are/is frugal, the lifestyle still requires the expenditure of $12,000 per month. But calling it frugal or upper class luxurious doesn't get to the question of whether alimony is payable (probably if wife doesn't bring in any income) how much should be paid and for how long.
Sounds like, given the short term of the marriage (6 years) the wife may not have "earned" the marital lifestyle (as Frank Louis would say). He would say that the current marital lifestyle may not be entitled to legal protection based on the length of the marriage, the fact that wife's earning capability may not have been significantly adversely impacted by the marriage or that the luxury of living in a $1.7 million dollar house resulted solely from husband's premarital amassing of wealth (obtained from his premarital skills.
Of course, if the parties have a 10-year-old, the term of their relationship may be factored in rather than just the term of the marriage.
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Lisa M. Radell, Esq.
207 South Main Street
Cape May Court House, NJ 08210
Phone (609) 465-9910
Fax (609) 465-9920
E-Mail [email protected]
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Original Message:
Sent: 05-11-2015 17:03
From: David Perry Davis
Subject: Name that lifestyle...
Parties live a $1.7 million house. No mortgage on it, but it was purchased via a loan from Husband's premarital assets. They own a 2014 Lexus, purchased with premarital funds.
The parties also shop at CostCo, spending $600 per month for a family of 5 for food. The only "extravagance" in the budget is spending c. $1,600 per month on activities for their 10 year old. Rarely eat out. When they travel to their home country, they fly either "economy" or "economy plus." We have the banking records to show what was and wasn't spent. Aside from furniture for the home, the charges (in additional to real estate taxes, etc) run about $3,000 per month total.
The household is run via wire transfers from another country, taking essentially what's needed to run the household (has been roughly $140,000 per year - "net" since no taxes involved). The parties rent a room in the house to a student for $500 per month, with the funds used to subsidize the budget. Wife has complained that Husband doesn't give her the money she wants (which is kind of our point... he never has given free reign on finances).
I would like to make progress on resolving the case, but my adversary and I, as reasonable as we may be, have different views. Mine is that the lifestyle is frugal, his is that it's "upper class luxurious."
Six year marriage.
So.... if you're hearing this as a mediator -- what's the lifestyle?
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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
www.FamilyLawNJ.pro
Voice: 609-737-2222
Fax: 609-737-3222
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