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by dragonwriter 2759 days ago
> Meaning, regardless of what she thinks she deserves, isn’t there a standard calculation used, ie half?

Every state has a standard calculation, but I'm pretty sure like most terms of divorce a settlement agreement can vary quite far from the formula the court would use were it to decide the matter in a contested case. As most divorces are settled (which saves costs in the divorce process, is faster than contested process, can be less traumatic for the parties and any children involved, etc.), the official formula may do more to shape negotiatig position than set the actual final amount.

1 comments

This figured for me. FAANG income, but only for a couple of years, so going to court would have burned up our entire net worth. (Lawyers and consultants are very expensive.) I was fine with mutually assured destruction for she and me, but not with the harm that would have been done to her kids, who I loved/love.

A lot of assumptions an outsider would make only work if you have two parties willing to be more or less reasonable. They fall apart completely when that's not true.

Unfortunately, settlements can be much harsher in terms that the legal formulas, and a good opposing lawyer will make them utterly unreviewable by a court, no matter how badly your situation changes, as mine did. Tax law is also unsympathetic.

Divorce sounds like it ought to be simple-ish, but going through it, you realized that each one is awful and complex in its own ways. The financial part of it isn't the worst. Finding out what your ex is really like sucks.

Many would say I was a schmuck in what I agreed to, but I think I probably did get the least awful outcome, measured by my values. All of this would pale in the face of having to deal with common kids, so counting my blessings there.

> Unfortunately, settlements can be much harsher in terms that the legal formulas, and a good opposing lawyer will make them utterly unreviewable by a court, no matter how badly your situation changes, as mine did

Strictly speaking, settlements have to be reviewed and approved by the court, but, yes, they can include terms making the support level fixed even if circumstances change, while most support laws would otherwise allow a party to petition to adjust support based on material change in conditions.

Yes. I should have said "unreviewable after the initial court approval".

In my case, made it clear during negotiations that I simply could not keep up with my current job, and planned to downsize dramatically. (All quite true.) Noble of me, but probably a mistake to mention during negotiations. I was in serious denial about just how far my ex would push things.