Divorce: Making a Claim For Future Earnings

Hello, my name is Carl. Last year, I divorced my wife. We had been married for several years but our love had finally died when I found out she was having an affair with our neighbour. I moved out and contacted an attorney. As well as organising the division of our property we also have to work out the custody arrangements for our 3 children. My wife wanted full custody but I wasn't happy about this. My attorney helped me to put a case together to present to the family court. In the end, the judge said I should have custody of the kids. I was so happy. I decided to start this blog to offer advice and help to others.

Divorce: Making a Claim For Future Earnings

Divorce: Making a Claim For Future Earnings

13 July 2017
 Categories:
, Blog


If you and your partner have decided to divorce once all of the emotional stuff has calmed down, you will have to deal with the subject of money and assets. Dividing your finances can be a very contentious issue, and can lead to disputes about who contributed to savings accounts and "who gets what". If you and your ex cannot reach an agreement between yourselves, it will be down to a family court judge to decide how assets and money will be divided. However, the situation becomes more complicated when future earnings are taken into account. Below is a guide to everything you need to know if you believe that you have a claim on some of your ex-partners future earnings.

Eligibility

It is likely that your ex will argue that you have no claim on any future earnings from the date that the divorce is granted or that the separation legally began. Of course, just because you were married to someone does not give you a claim on every bit of money they earn or receive during the rest of their life, but in some cases, you will be able to argue that you are entitled to a portion of some future earnings.

Analysis

You will need to hire a family lawyer so you can present your argument to the family court judge. The judge will investigate exactly where the future earnings are coming from and will then assess if you have a reasonable claim on a portion of those earnings. 

For example, if you helped your ex set up a business by providing finance, advice or other support which was key in them being able to trade, then it could be argued that you have a stake in their company and to a percentage of the profits, it generates after the divorce. 

Equity

The family court judge will seek a decision which is fair to each party, so they assess your claim in light of the other facts which are known about the case and the amount you are set to receive from the other party in the divorce. For example, if your ex has allowed you to keep the family home or has agreed to a sizable cash settlement, this may outweigh any claim on future earnings, and so a judge will be less likely to award them to you.

If you would like further advice, you should contact a family lawyer today.

About Me
Carl's Divorce and Child Custody Blog

Hello, my name is Carl. Last year, I divorced my wife. We had been married for several years but our love had finally died when I found out she was having an affair with our neighbour. I moved out and contacted an attorney. As well as organising the division of our property we also have to work out the custody arrangements for our 3 children. My wife wanted full custody but I wasn't happy about this. My attorney helped me to put a case together to present to the family court. In the end, the judge said I should have custody of the kids. I was so happy. I decided to start this blog to offer advice and help to others.

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