Am I entitled for my ex wife's future earnings? 20 Answers as of December 14, 2011

In a sense yes, you can ask for maintenance, which was formally known as alimony, based upon the information you gave. However, whether or not it is granted will depend upon other factors, such as your employment state and her ability to find employment.

Basically, no - you have no entitlement to her future earnings. Depending on all the facts and circumstances, you might be able to convince a court to award you some amount of alimony for a reasonable period of time after the divorce. There are no clear rules for that, so you need to consult an attorney who can give you a potential estimate of what is possible after evaluating all the facts.

You will likely be entitled to spousal maintenance, which in a sense is a portion of your ex-wife's future earnings. In dissolution proceedings the Court reviews all of a marital community's assets, debts, and past/current earnings and then makes an equitable division of assets and award of maintenance. There is no formula for this determination, however, with your attorney needing to do this complex analysis.

The short answer is that you are not entitled to any future income. However, Spousal maintenance may be awarded under narrow circumstances.Currently, spousal maintenance awards are granted pursuant to Minnesota Statutes 518.552 if the spouse seeking maintenance demonstrates that he or she:(1) lacks sufficient property, including marital property apportioned as part of the divorce to provide for the reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or education; or(2) is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstance, through appropriate employment, or(3) is the custodian of a child whose condition and circumstances make it appropriate that the custodian not be required to seek employment outside the home.In determining the amount and duration of spousal maintenance, Minnesota statutes require that Courts address all relevant factors. The statute specifically identifies 7 factors to address. No single factor is dispositive and the Courts must weigh all factors giving appropriate weight to each.

Since your ex-wife earned the medical degree during the marriage, and you can demonstrate that you contributed to her ability to attend Medical School, you should be entitled to future earnings. You will need to have an appraiser or other evaluator place a value on the worth of the degree to determine the amount you will be entitled to. In addition, if you become custodial parent, you will be entitled to child support based upon her earnings as an MD. You should consult an experienced matrimonial attorney to help you with your divorce.

You will be able to adjust custody and support based on the changes in her income over time, but it is highly unlikely that you will see anything from her future earnings as a reimbursement or spousal support. That being said, there are some strategies you should consider before you plunge into divorce.

You may be entitled to child support and maintenance. The court will consider her future financial status.

You should contact an experience attorney to discuss the specific facts and circumstances of your situation, as well as your potential claim for spousal maintenance. Pursuant to the Arizona Revised Statutes, one factor the Court will consider is whether one spouse "contributed to the educational opportunities of the other spouse." Please find one of the applicable statutes listed below. There are many divorce/dissolution factors that must be evaluated by an experienced attorney that may effect your divorce. Please feel free to contact my firm for a free telephone consultation. 25-319. Maintenance; computation factors A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance: 1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs. 2. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient. 3. Contributed to the educational opportunities of the other spouse. 4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient. B. The maintenance order shall be in an amount and for a period of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors, including: 1. The standard of living established during the marriage. 2. The duration of the marriage. 3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance. 4. The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse seeking maintenance. 5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market. 6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse. 7. The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse. 8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children. 9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse's ability to meet that spouse's own needs independently. 10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available. 11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. 12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved. 13. All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim. C. If both parties agree, the maintenance order and a decree of dissolution of marriage or of legal separation may state that its maintenance terms shall not be modified. D. Except as provided in subsection C of this section or section 25-317, subsection G, the court shall maintain continuing jurisdiction over the issue of maintenance for the period of time maintenance is awarded.

Yes, you probably are entitled to be compensated based upon her enhanced earning capacity.