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Old 07.08.2018, 13:38
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Separation/Divorce question - alimony adjustment based on lohnausweis

Hi,


I have a specific question regarding separation. I need someone who has been separated long enough so that they already passed from one year to another. If you could DM me that would be great.


It is regarding how it works when sharing the lohnausweis at end of year with my ex and how it impacts alimony.


Thank you.
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Old 07.08.2018, 13:50
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Re: Separation/Divorce question - alimony adjustment based on lohnausweis

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Hi,


I have a specific question regarding separation. I need someone who has been separated long enough so that they already passed from one year to another. If you could DM me that would be great.


It is regarding how it works when sharing the lohnausweis at end of year with my ex and how it impacts alimony.


Thank you.
What's a DM?
Divorce law in Switzerland is very clearly regulated - Also in marriage separation your assets can be separated to a certain extent
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Old 07.08.2018, 13:59
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Re: Separation/Divorce question - alimony adjustment based on lohnausweis

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Hi,


I have a specific question regarding separation. I need someone who has been separated long enough so that they already passed from one year to another. If you could DM me that would be great.


It is regarding how it works when sharing the lohnausweis at end of year with my ex and how it impacts alimony.


Thank you.
So what you want is free advice from a trustee.
Not how fora work.
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Old 07.08.2018, 14:00
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Re: Separation/Divorce question - alimony adjustment based on lohnausweis

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What's a DM?
Direct message. Also known as private message (PM).
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Old 07.08.2018, 14:15
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Re: Separation/Divorce question - alimony adjustment based on lohnausweis

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So what you want is free advice from a trustee.
Not how fora work.
What is a trustee, in this context, please?

I understood OP as asking to hear about personal experience from someone who has already, themselves, gone through the "end of the first tax year" during or after the separation or divorce. Fair enough question.
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Old 07.08.2018, 14:48
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Re: Separation/Divorce question - alimony adjustment based on lohnausweis

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Hi,


I have a specific question regarding separation. I need someone who has been separated long enough so that they already passed from one year to another. If you could DM me that would be great.


It is regarding how it works when sharing the lohnausweis at end of year with my ex and how it impacts alimony.


Thank you.
Could recommend a good divorce lawyer in Zürich, but not in Basel
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Old 07.08.2018, 14:53
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Re: Separation/Divorce question - alimony adjustment based on lohnausweis

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Direct message. Also known as private message (PM).


I'll put my old Doc Martens back into the charity bag for the Salvation Army.
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Old 07.08.2018, 15:20
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Re: Separation/Divorce question - alimony adjustment based on lohnausweis

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What is a trustee, in this context, please?

I understood OP as asking to hear about personal experience from someone who has already, themselves, gone through the "end of the first tax year" during or after the separation or divorce. Fair enough question.
"Treuhänder", someone who advises you re taxes. Or does the declaration for you.

Actually the moment you separate, you start filling in your own taxform each. (They even went as far as returning our already payed money and told us to do it again seperately!!).
OP asks about a shared "Lohnausweis" which doesn't exist. Could be a problem having their own company and it not being a GmbH or AG.

However, sounds like a case for a trustee.
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Old 07.08.2018, 15:36
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Re: Separation/Divorce question - alimony adjustment based on lohnausweis

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Hi,


I have a specific question regarding separation. I need someone who has been separated long enough so that they already passed from one year to another. If you could DM me that would be great.


It is regarding how it works when sharing the lohnausweis at end of year with my ex and how it impacts alimony.


Thank you.
Your Lohnausweis will play an integral part to your divorce separation, plus your contributions to old age, as will that of your marital partner. In addition, as long as you have not been divorced, the income, pension etc. will be divided fairly.
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Old 07.08.2018, 18:37
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Re: Separation/Divorce question - alimony adjustment based on lohnausweis

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What is a trustee, in this context, please?

I understood OP as asking to hear about personal experience from someone who has already, themselves, gone through the "end of the first tax year" during or after the separation or divorce. Fair enough question.

Yes this is exactly what I mean. Sorry if I was not clear.
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Old 15.08.2018, 02:49
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Re: Separation/Divorce question - alimony adjustment based on lohnausweis

Hi, did you find anyone? Have your questions been answered? If not, then please do try again, here, more specifically.
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Old 15.08.2018, 16:50
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Re: Separation/Divorce question - alimony adjustment based on lohnausweis

@doropfiz thank you for checking.


no one answered that has been through the same. i just want to know about the procedural stuff with courts and balancing tax/alimony at end of year. so someone who has been through the same could easily answer my questions.
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Old 15.08.2018, 21:32
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Re: Separation/Divorce question - alimony adjustment based on lohnausweis

I've been through it, a long time ago, but I'd be surprised if it's any different .. no need for a PM.. it's not 'secret' (or shameful !)

Both parties can agree a payment amount between themselves, otherwise both parties hand over their last tax return, plus any documented evidence of unavoidable costs.

Then the court decides who has to pay who what amount.

If after that, there's a 'serious' decrease in net income on either side (I think I was told something like 20%) then, again, if it can't be agreed in writing between both parties, then one of you have to make an appeal to the courts to change the payments. (But, they're not stupid, if you're on 200k per year and resign and end up on 100k RAV, you won't necessarily have your support payments halved)

There's no 'review', this doesn't happen every year. So if your income goes up, and you keep quiet, it doesn't make any difference to the agreement.
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Old 15.08.2018, 22:00
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Re: Separation/Divorce question - alimony adjustment based on lohnausweis

thanks @ipoddle


Not ashamed. just prefer to have a conversation with someone who knows rather than random comments


to clarify, i am separated already since last yeah but only had court date last month. i need to send the lohnausweis to my ex at end of this year and my understanding from the court was that the agreement is based on my salary at the time of separation so anything additonal this year needs to go to my ex. Also I will claim back overpaid tax for 2017 so need to know how to determine how much is the share of my ex. maybe it is a simple calculation but she is an accountant and i am terrible at math i was just wondering is the normal practice that i just calculate the extra amount i received as salary increase and transfer that amount in addition to monthly alimony or involve someone else (e.g. court or tax advisor).


from your message i guess the first step is to agree with my ex and if we can't agree the next step is the courts.



if the courts need to get involved i just go back to my lawyer and he would arrange it?
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Old 15.08.2018, 22:34
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Re: Separation/Divorce question - alimony adjustment based on lohnausweis

I'm not sure about 'I need to send my (salary) statement to my ex....' You're both entitled to know what you both earn and what you both have to pay out in costs. You're equally entitled to know her financial position.

Prior to the divorce and from the point of being legally separated, you typically don't split your assets (like tax rebates). You basically add both your incomes (at the point of separation) and divide by 2 (give or take child costs, rents etc). That position can drag on for (I think) 2 years, if either party doesn't agree to a divorce. I heard a few times of the 'richer' party spending all their cash in those 2 years because...

At the point of divorce (if not already agreed) you have split your assets, (including any cash you have). Basically, you both declare your current assets (that you acquired while married), add them up and divide by 2. (Going forward you can deduct any payments to your ex from your taxable income). You'll then agree a post divorce child support monthly payment (there isn't really 'alimony' in CH if you can work)

This isn't a good time to be 'bad at maths'. You need a simple spreadsheet showing income, assets and costs on both sides.

From the sound of it, I'd say you both meet in front of your lawyers to try and settle up.

Last edited by ipoddle; 15.08.2018 at 22:51.
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