A neurosurgeon marries a teacher...

[WolfpackWife]

The basic legality here is that it will be 50/50. There's an actual mini-uproar over it though with the docs believing he's being taken to the cleaners and she only "deserves" to take the percentage out of the marriage that she contributed. The big issue settles around retirement and my understanding is that she is entitled to 50% of what they put away during the time of the marriage. The argument is that she should only get the percentage that she was able to put in. The other big thing is property. Because he earned more, they bought bigger homes. The idea is she isn't entitled to half.

They met after training, but I'm not sure that matters in my eyes.

Kris

I think if your spouse is divorcing you because you had an affair, what you feel they "deserve" goes right out the window. It's sad to me that doctors who are presumably married seem to ignore that fact and can just focus on her "teacher" salary versus his "surgeon" one and how unfair that is for poor little ol' him.

[SuzySunshine]

I have to agree with the 50/50 - he married her, after training, he knew what he was making, he knew what he was doing, he didn't ask or get a pre-nup. Keep your pants on and you won't have that issue. Alimony, no probably not she's gainfully employed and they have no kids to support. People crack me up!

[houseelf]

Family Court outcomes are anyone's guess. Seriously, I'm still surprised sometimes and I worked in it every day for 7 years. It's a squishy area.

If I *had* to guess based on the facts presented here, I would wager that Petitioner will not win an award of temporary spousal maintenance. She is working full time in a career, able bodied, sound mind, and can not demonstrate that she made career sacrificing decisions to SAH, raise kids, work part -time to take care of their lives so he could advance his career, forgo career opportunities to follow him, etc. She may *ask* for it in the petition as a bargaining point to show good will later on that she is willing to give up things too. That is more of a strategic decision.

I will say that he's fucking delusional if he thinks he's going to get out of this marriage with offering her only the assets her teacher's salary would afford. *Fucking delusional* is the complex latin term that legally translates to mean the self important bastard is grievously mistaken if he thinks he's walking away with the lion's share of the assets accumulated during the term of their marriage. In Minnesota the statute provides for "equitable distribution" of marital assets. In a case like this where incomes are incredibly disparate between spouses, I'd be surprised if she doesn't walk away with more than 50% of the marital assets. Of course all of this hinges on premarital assets and debts they each brought into the marriage, prenups, etc. In fact, a "fair and equitable distribution" may mean he will have to "buy her out" with a payout that looks like rehabilitative maintenance over a period of several years because I am assuming the bulk of the estate is not liquid assets.

I see the lawyers making out the most on this one, honestly.

I was surprised to hear that a degree is considered a marital asset in NY. This standard is very much a minority stance.

[Pollyanna]

I love when people who put their dicks in other people feel entitled...

This! What a complete ass!

[Ladybug]

If it's not 50/50 then it's not a partnership. It's just living at someone's nice house while they agree to let you clean, cook and book their life.

[GrayMatterWife]

The basic legality here is that it will be 50/50. There's an actual mini-uproar over it though with the docs believing he's being taken to the cleaners and she only "deserves" to take the percentage out of the marriage that she contributed. The big issue settles around retirement and my understanding is that she is entitled to 50% of what they put away during the time of the marriage. The argument is that she should only get the percentage that she was able to put in. The other big thing is property. Because he earned more, they bought bigger homes. The idea is she isn't entitled to half.

They met after training, but I'm not sure that matters in my eyes.

Kris

This is basically an exercise in a bunch of doctors offering their utterly irrelevant opinions on something they know nothing about. Because they think their opinions about everything are intelligent, because they are doctors.

Imagine that!

[PrincessFiona]

Exactly, Abigail.

[BonBon]

If it's not 50/50 then it's not a partnership. It's just living at someone's nice house while they agree to let you clean, cook and book their life.

Seriously. And I know *I* didn't sign up for that.

[Mrs. MD, Esq.]

I was surprised to hear that a degree is considered a marital asset in NY. This standard is very much a minority stance.

NY is the only wonky state with this...pretty sure the court felt bad for this one woman that would be uber screwed otherwise (just finished training, no assets). Unfortunately, it set a precedent that can be very screwy...


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[JustRightKelly]

NY is the only wonky state with this...pretty sure the court felt bad for this one woman that would be uber screwed otherwise (just finished training, no assets). Unfortunately, it set a precedent that can be very screwy...


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Very interesting! Does this only apply if the divorce occurs in New York, or does the marriage have to take place there as well?

[Mrs. MD, Esq.]

Very interesting! Does this only apply if the divorce occurs in New York, or does the marriage have to take place there as well?

Just the divorce (they have to be NY residents for a certain amount of time prior to filing though...6 months, I think...possibly a year).