In large settlements, can the wife claim a percent of future earnings in Connecticut?

Question Details: A wife of 20 years is currently receiving 250,000 per year, over half of her husband's salary, and he agrees to pay that current amount on an on-going basis, + CPI. Via mediation she would get the house (over 100,000 in equity), and a retirement at 175,000 per year in 13 years. If they went to court, is it possible a judge would assign the wife 50% or more of future earnings?

Asked 8/3/2009 under Divorce, Marriage, Alimony | 236 View(s) | More Legal Topics

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Elliot Green / Law Office of Elliot Green Answered 2 years ago | Contributor with 0 answers This attorney is licensed in New York

It does not appear that you are getting a great deal. You should consult a lawyer and maybe better off going to trial. However, there are risks that are associated with going to trial.

Regards,

Elliot

(718)689-0282

Darren M. Shapiro, Esq. - New York Attorney in Good Standing - / Law Office of Darren M. Shapiro Answered 2 years ago | Contributor with 0 answers This attorney is licensed in New York

I am a New York matrimonial attorney.   Fifty percent of future earnings sounds unjust.  It probably would make sense to litigate as $250,000 a year is worth the time and expense of litigating.  Give me a call if you would like to discuss the matter.  It would be my pleasure to speak with you about the case.  Darren M. Shapiro, Esq. 631-882-3140

Future earnings are generally not considered martial property because at the time of the marriage they are not actually known or in existence. A wife cannot be entitled to something that is not at the time of the divorce in existence. This does not mean the court will not possibly re-open a case if the final decree calls for a re-evaluation although courts are tending to shy away from this because it can seem unfair.

I would advise consulting a divorce attorney and explaining the situation and concerns. They can watch out for your best interests during the proceeding and try their best to protect you in the final decree. Good luck with everything

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