Divorce is one of the most common triggers for mortgage activity. The marital home may be sold, one spouse may buy the other out, or a newly single borrower may purchase a new property. Each scenario has specific underwriting considerations. The MLO who understands these mechanics is positioned to help clients the competition cannot.
Using Alimony and Child Support as Income
Alimony and child support count as qualifying income under Fannie Mae, Freddie Mac, FHA, VA, and USDA guidelines if the income meets specific requirements: the obligation must be documented in a divorce decree or court order, the borrower must have received the payments for at least 6 months (12 months for some programs), and the income must continue for at least 36 months from the application date. Payments must be verified through bank statements or deposit history.
Alimony and Child Support as Liabilities
The borrower paying alimony or child support has those obligations counted as monthly liabilities in the debt-to-income calculation. There is no minimum remaining period before these payments are excluded from DTI in standard agency guidelines. If the borrower is paying alimony, it reduces qualifying income available for the new mortgage. Structure the transaction with this DTI impact calculated before presenting pre-qualification numbers.
Excluding Ex-Spouse Mortgage Debt From DTI
If the divorce decree awards the marital home to the ex-spouse, the remaining borrower can exclude that mortgage payment from their DTI if the ex-spouse has made all payments on time for the most recent 12 months. Documentation required: the divorce decree awarding the property to the ex-spouse, and 12 months of cancelled checks, bank statements, or servicer payment history showing the ex-spouse made the payments. This exclusion can be the difference between qualification and denial for borrowers with high existing debt.
Aria can walk through the specific documentation requirements for divorce-related income, liability exclusions, and decree-based property awards for any agency program. Ask at vicariointel.com.
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