Can We Share Future Earnings After the Divorce? by Don Sinkov{2:42 minutes to read} During a recent mediation, I was pleasantly surprised to find that the husband and wife were smiling and seemed totally at ease. The husband was a hedge fund manager, and being a risk taker, he had started several hedge funds, then gone bankrupt. Currently, he is operating a very successful hedge fund with a very promising future. His wife, who is a successful doctor, had supported him not only financially through a series of ups and downs, but emotionally.

Fast-forward 20 years later, and they are now getting divorced. They’ve both experienced some lean years, but now things have turned around. He is making a lot of money, and the prospects for making even more money in the next few years are excellent, so the couple wanted to make an agreement that would address the husband’s future earnings.

They both wanted a divorce agreement that would acknowledge the wife’s support during her husband’s lean years. He was totally fine with her getting some of his future earnings.

So is this unusual? After all, the wife is already receiving child support, spousal maintenance, and her share of equitable distribution.

Yes, but it shows that even though they’re getting divorced and this might be one of the most difficult times in their lives, they are still looking to help each other and to acknowledge how one spouse has supported the other.

People ask me why I am a divorce mediator. Divorce is so difficult. Couples are often just at their wit’s-end going through this difficult process. By inserting myself into what could be a very high-conflict situation, I can usually guide the couple through the mediation process, which often results in a very reasonable and equitable solution for both the husband and wife.

During this mediation, the husband and wife are really determining what they think is fair, not based on formulas, not based on what other couples do, but based on what they know, how they feel about each other, and have experienced during 20 years of marriage.

This is the agreement they want to create. They should have every right to do it their way.

I’m sure addressing future earnings might make some attorneys run for the hills, shaking their heads and saying, “Those crazy mediators! They really do some wild stuff! We don’t understand it.”

Who knows a couple’s history, their family and what their needs are more than they do. As strangers, mediators and attorneys should not presume to know better.

About Don Sinkov

Don Sinkov Your Divorce Mediator Westchester County, NY Putnam County, NY Phone: (914) 588-6258 eMail: