Court Orders Property Sale for Spousal Maintenance Payments

Court Orders Property Sale for Spousal Maintenance Payments
Spousal maintenance payments can force people to make very difficult decisions. When a court calculates spousal maintenance, all the assets of the one who is paying are taken into account, not just income. Someone paying may have to sell land, rental property, or other tangible assets to raise the money to meet the court order.
 

A case in Nebraska illustrates this. A couple in their 90s divorced. He continued to live in their trailer while she went to live in a nursing home. The woman did not work while they were married and had depleted her savings 10 months after entering the home, so she sought spousal maintenance. The court ordered the man to pay $3300 a month to help offset the costs of her care, despite the fact that he receives a lower monthly income than her.

Why? Because he owns 200 acres of land worth $560,000. He also had to pay his ex her interest in the cost of their motorhome at current market rates. He owned the acreage prior to marriage, but in Nebraska that can be used to satisfy spousal maintenance payments.

He claims that these payments are driving him into poverty and that this is illegal under Nebraska law, but the Nebraska Supreme Court ruled in favor of the ex-wife anyway due to his legal reasoning and the fact that he still owns the land.

If spousal maintenance payments are forcing you into debt, it may be possible to renegotiate. You will need skilled legal help on your side to argue for your case. Contact Elise Buie Family Law, PLLC to talk about your situation. We can explain spousal maintenance law in Washington State and what your options are to modify the agreement. Call our office today.

STAY UP TO DATE

Subscribe to our newsletters

 
Subscribe to one or more of our newsletters, delivering meaningful insight on topics that matter to you and your family.
ebl home subscribe image

FURTHER READING

Latest Blog Posts

Probate in Washington state is relatively straightforward, especially with the guidance of a Seattle estate planning attorney at your side. Here is what you need to know.

Unsure where to begin gathering the foundation you need to go through the divorce process with confidence and well-prepared? Consider the following 10 tips to prepare for divorce.

Everyone who has anyone in their life needs an estate plan, even people who own little or no property.

A common question about legal fees is why they are so high. The following article details what is built into legal fees and explains their cost.

Gifting an estate plan is an act of love because an estate plan goes far beyond material possessions, addressing the emotional, practical, and long-term well-being of your loved ones.

Prenuptial agreements (also known as prenups) can play a pivotal role in safeguarding individual spousal rights in the event of divorce and can also strengthen a marriage.

Valentine’s Day can be tricky for single parents, maybe even you. Unpartnered, at least for the time being, you might not foresee your plans fitting into conventional images of the holiday. But that doesn’t have to be. Valentine’s Day, when you’re single, can be more than a day you need to survive. It can be a day to look forward to.

Collaborative law has evolved into a globally practiced
discipline, extending well beyond the realm of family law, and is used frequently in Seattle divorces.

Classifying January as divorce month could be misleading, given how some of the numbers tell a different story. However, one thing remains clear: January is a great time for a fresh start.

A family law attorney can help with child custody (residential time) by creating or modifying a parenting plan.