# What am I entitled to in a divorce?

**URL:** <https://boards.straightdope.com/t/what-am-i-entitled-to-in-a-divorce/481837>\
**Category:** In My Humble Opinion\
**Created:** [January 18, 2009, 6:13am UTC](https://boards.straightdope.com/t/what-am-i-entitled-to-in-a-divorce/481837 "2009-01-18T06:13:16Z")\
**Posts on this page:** 5\
**Page:** 4

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**Author:** ![Belrix](https://avatars.discourse-cdn.com/v4/letter/b/ed655f/32.png) [@Belrix](https://boards.straightdope.com/u/Belrix)\
**Post date:** [January 19, 2009, 9:57pm UTC](https://boards.straightdope.com/t/what-am-i-entitled-to-in-a-divorce/481837/61 "2009-01-19T21:57:29Z")

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> [@KneadToKnow](#):
>
> II have no idea either, because I don’t understand a word of that. 🙂 All I know is, Publication 17 says if it’s not required by either our separation agreement or our divorce settlement, I can’t deduct it.

Oh - as an afterthought. If you deducted it, she’d have to count it as income, too, and pay taxes on it. If you “deduct” it from your voluntary payments, she’s getting no penalty other than what the IRS would’ve imposed on her as well (though, perhaps, at a different tax rate).

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**Author:** ![kittenblue](https://avatars.discourse-cdn.com/v4/letter/k/ba8739/32.png) [@kittenblue](https://boards.straightdope.com/u/kittenblue)\
**Post date:** [January 20, 2009, 12:41am UTC](https://boards.straightdope.com/t/what-am-i-entitled-to-in-a-divorce/481837/62 "2009-01-20T00:41:23Z")

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> [@Justin\_Credible](#):
>
> Is state-mandated spousal support only for couples with a disparity in income? If both people make roughly the same amount of money, can one person still be forced to pay alimony?

IIRC, even though both of us were making squat at the time (he may have been making slightly more, but I was a SAHM who started working part-time when he became unemployed, and finally got to full time..in retail…barely over minimum wage) he paid support because he wanted out, and was leaving me with two soon-to-be teens to support, and rent to pay, while he got to live rent-free with his new honey…and he was going to be called up by the Reserves and making decent money soon. Since he wasn’t making much at the time of the dissolution, he had to pay the monthly minimum of child support…$200 a month for each kid, and $200 for me…so $600 a month. Cheapest rent was $750 a month in our area.

He told me in August (after being gone for 9 months) that he needed to be divorced by Christmas (someone gave him an ultimatum) and we were divorced by November 9…so barely three months. Would have been quicker if we hadn’t had to wait for the state-mandated class on how to prepare your children for divorce…

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**Author:** ![kathmandu](https://avatars.discourse-cdn.com/v4/letter/k/5f8ce5/32.png) [@kathmandu](https://boards.straightdope.com/u/kathmandu)\
**Post date:** [January 20, 2009, 12:56am UTC](https://boards.straightdope.com/t/what-am-i-entitled-to-in-a-divorce/481837/63 "2009-01-20T00:56:28Z")

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> [@Belrix](#):
>
> Another option would then be to figure out how much the tax difference would be if it was really deductible, divide that by your payment schedule, and reduce what you pay by that amount.
> 
> It would be as if it were ordered in your agreement.

If you were considering doing this, **KneadToKnow** , don’t.

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**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\
**Post date:** [January 20, 2009, 1:24am UTC](https://boards.straightdope.com/t/what-am-i-entitled-to-in-a-divorce/481837/64 "2009-01-20T01:24:56Z")

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> [@Hazle\_Weatherfield](#):
>
> **What am I entitled to in a divorce?**

Two acres and a cow.

Oh, wait, wrong law.

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**Author:** ![Hazle\_Weatherfield](https://avatars.discourse-cdn.com/v4/letter/h/e9bcb4/32.png) [@Hazle\_Weatherfield](https://boards.straightdope.com/u/Hazle_Weatherfield)\
**Post date:** [January 20, 2009, 5:47am UTC](https://boards.straightdope.com/t/what-am-i-entitled-to-in-a-divorce/481837/65 "2009-01-20T05:47:51Z")

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> [@Muffin](#):
>
> Two acres and a cow.
> 
> Oh, wait, wrong law.

I might think that this is funny in a few more months. Sorry…

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