I find the lawyer's advice questionable. Apparently she is not entitled to alimony after divorce as she earns a good living but she is entitled to one during the separation period?!
I appreciate if you have any insights on this.
A friend of mine is going through divorce and a lawyer told him that if he files legally for separation, his spouse will be eligible to get maintenance so he should not do this and instead try and let her agree to a mutual divorce. She makes over 100K in income and lives in another city since they broke up so she does not need his help to maintain her living.
You think an internet search trumps a law degree.....
If she earn more than him, he gets money!
Tom
He makes more than her, but she makes over 100K, I do not get why a maintenance is required when someone makes a comfortable living during separation.
Because they are jointly enjoying a higher quality of life and this is what you sign up for when you marry - that all your finances are join (unless you have specified else)
There’s an outline about divorce (and on many, many aspects of life in Switzerland) on www.ch.ch . https://www.ch.ch/en/search/?q=divorce . There might be something in there about separation, too.
The lawyer's advice is correct. While separated they both have to put both their income into a pot and then take out 50/50. After a divorce settlement he wont have to pay her as she's independent. Of course she can hold out against a divorce for a couple of years so he'd better be careful.
AND she is entitled to at least 50% of the wealth accumulated during the period of the marriage. More if she has primary care of the children.
Yes, HIS lawyer will advise him to try to get HER to settle for less than the maximum - that is always better than paying lawyers huge fees to enforce the battle between two sides.
BUT basically until the divorce is done - don't assume this guy will have money left by the end of it - and whatever you do, don't get pregnant to a man who is still married to someone else (even if they are 'separated')....
Or you could do what someone I know of did - try to hide the money, never properly settle the divorce, have an accident, end up needing government support and find out that the government is much more determined to find your pots of gold and tap into them for your medical and living costs than the separated wife and children who you were hiding the money from...and end up basically penniless as the money must now be used for a) supporting your basic living costs and b) settling the divorce and inheritance problems which you failed to sort out previously.
Unless they have separation of assets.
And assuming that there is an accumulation of wealth.
Tom
Get your friend to make an account on EF because having you as a proxy probably isn't going to help him get good advice.
....so is HE !