Am I entitled to divorce alimony? 31 Answers as of July 03, 2013

My husband wants a divorce after being together 20 years and married for 8 of those years. Will I be entitled to get alimony?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Too many factors here to answer but I must first tell you, alimony is unconstitutional in Texas. Temporary Spousal Support MAY be awarded only under certain circumstances and only for a limited time. First, if you can plead and prove common law marriage, you may get it, but if he defeats the claim and you were only married 8 years, you lose support unless you can show you were the victim of spousal abuse. Even then it is limited in time and duration, so do not plan to live out your life with him paying.
Answer Applies to: Texas
Replied: 11/9/2011
Law Office of James Bordonaro
Law Office of James Bordonaro | James Albert Bordonaro
Maybe if you can assert a common law marriage prior to the ceremonial marriage. Alimony usually kicks in around 10 years but it depends on the man's assets and what kind of skill to find a job you've got already. You definitely need an attorney.
Answer Applies to: Kansas
Replied: 11/9/2011
Law Office of James L. Miller
Law Office of James L. Miller | James Miller
There are several factors that the court will look at, those factors can be found in Family Code 4320. Spousal Support is not based on how long you have been together but how long you have been married and that is only for determining how long spousal support will last.
Answer Applies to: California
Replied: 11/7/2011
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
You may be entitled to some spousal support. Unlike child support, there is no formula for spousal support in Ohio. Rather, the court examines a number of factors contained in a statute.
Answer Applies to: Ohio
Replied: 11/7/2011
Law Offices of Louis M. Leibowitz, LLC
Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
No one is entitled to alimony. It is a matter of relative incomes, needs and other factors. You should talk to an attorney about the best way for you to get alimony.
Answer Applies to: Maryland
Replied: 11/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Maybe and maybe not depending on details we don't have. Discuss the details with your divorce lawyer.
    Answer Applies to: Georgia
    Replied: 6/2/2013
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Yes.
    Answer Applies to: California
    Replied: 6/2/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    In order to decide whether you are entitled to maintenance or "alimony", there are a number of factors that the court considers: The Court must consider the standard of living of the parties that was established during marriage, the circumstances of the case and of the parties, whether the party who is getting the award lacks sufficient property and income to provide for his/her reasonable needs and whether the party paying the maintenance has sufficient property and income to provide for the others reasonable needs. Factors which must be considered in determining amount and duration are: i) The income and property of the respective parties including marital property distributed; ii) The duration of the marriage and the age and health of both parties; iii) The present and future earning capacity of both parties; iv) The ability of the party seeking maintenance to become self supporting and, if applicable, the period of time and training necessary therefor; v) Reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage; vi) The presence of children of the marriage in the respective homes of the parties; vii) The tax consequences to each party; viii) Contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party; ix) The wasteful dissipation of marital property by either spouse; x) Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and xi) Any other factor which the Court shall expressly find to be just and proper. Where permanent maintenance has been awarded, the recipient spouse has almost invariably been older and often in impaired health. Furthermore, the supporting spouse was in a far better financial condition. New York courts in awarding maintenance are very much concerned about the length of the marriage, the ages, health and earning capacity of the respective parties. The duration of maintenance is most apt to be permanent where it is a long-term marriage, and durational where it is a short-term marriage. The Legislature intended that the pre-divorce standard of living be a mandatory factor for the courts consideration in determining the amount and duration of the maintenance award, and that the court must consider the wife's pre-divorce standard of living.
    Answer Applies to: New York
    Replied: 11/7/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    You are not entitled to alimony. However, if you were not working to care for the children and your spouse paid for all of your bills, you can be entitled to alimony. Also, if your spouse earns a significant amount of money and you developed a certain way of life during your marriage, you can also be given alimony.
    Answer Applies to: Nevada
    Replied: 11/7/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Length of marriage, not length of cohabitation is considered. Hire an attorney.
    Answer Applies to: Michigan
    Replied: 11/7/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You are entitled to ask for it. If you and your husband can't agree on whether he should pay alimony, or how much, or for how long, a judge will have to decide. In Colorado there is no simple formula and a judge will have to decide after hearing all the relevant facts and circumstances. That decision will start with a comparison of your needs against your husband's ability to pay.
    Answer Applies to: Colorado
    Replied: 11/7/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Spousal support is based on 5 factors: length of the marriage, age of the parties, health history, earning capacity and standard of living during the marriage. Please consult with a skilled family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 11/7/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Maybe. Here are some of the factors the court will consider in deciding whether to award spousal support. The duration of the marriage; (ii) The age of the parties; (iii) The health of the parties, including their physical, mental and emotional condition; (iv) The standard of living established during the marriage; (v) The relative income and earning capacity of the parties, recognizing that the wage earner's continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property; (vi) A party's training and employment skills; (vii) A party's work experience; (viii) The financial needs and resources of each party; (ix) The tax consequences to each party; (x) A party's custodial and child support responsibilities; and (xi) Any other factors the court deems just and equitable.
    Answer Applies to: Oregon
    Replied: 11/7/2011
    Bruning & Associates, PC
    Bruning & Associates, PC | Kevin Bruning
    Yes. You will be entitled to spousal support also known as maintenance or alimony if your husband was the main bread winner during the marriage, and you need assistance to support yourself in a manner consistent with the standard of living achieved during the marriage.
    Answer Applies to: Illinois
    Replied: 11/7/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    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 the following as relevant issues in determining spousal maintenance: (1) The financial resources of the spouse seeking maintenance; (2) The amount of time that is necessary for the spouse seeking maintenance to acquire necessary skills or education to find appropriate employment; (3) The age and physical and emotional health of the recipient spouse; (4) The standard of living established during the marriage; (5) The length of the marriage; (6) The contribution and economic sacrifices of a homemaker including loss of seniority, retirement benefits and other employment opportunities foregone while working at home (7) The financial resources available to the spouse from whom maintenance is sought.No single factor is dispositive and the Courts must weigh all factors giving appropriate weight to each.
    Answer Applies to: Minnesota
    Replied: 11/7/2011
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Alimony is called "Spousal Maintenance" under Washington law. The governing statue is RCW 26.09.090 which directs the court to consider the following factors in determining whether and to what extent maintenance shall be awarded. The length of the marriage is only one factor. 1.The financial resources of the party requesting maintenance after the divorce depending on other assets awarded, etc 2. The proposed vocational/educational plan of the party requesting maintenance 3.The standard of living established during the marriage 4. the duration of the marriage (the duration of the pre-marital relationship is not enumerated in the statute; but in my experience some judges will consider that as well) 5.The age, physical condition and emotional condition of the party requesting maintenance 6. The financial resources and ability to pay of the other spouse after the divorce depending on earning capacity, other assets awarded, etc.
    Answer Applies to: Washington
    Replied: 11/7/2011
    Law Office of Lenore Tsakanikas, PLLC
    Law Office of Lenore Tsakanikas, PLLC | Lenore Tsakanikas
    In Arizona, whether or not you are entitled to alimony (spousal maintenance) is goverend by the factors of A.R.S. Section 25-319: lacks sufficient property to provide for your reasonable needs; is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age is such that the custodian should not be required to seek employment; contributed to the educational opportunities of your spouse; had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self- sufficient. In order to be entitled to spousal maintenance, one of these factors needs to apply to you. The amount and duration is governed by the factors set forth in A.R.S. SEction 25-319 (B).
    Answer Applies to: Arizona
    Replied: 11/7/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    The duration of your marriage is only one factor the court would consider in determining whether you are eligible to receive spousal maintenance. There are other statutory factors contained in Arizona Revised Statutes, section 25-319. I recommend you speak with an attorney for some guidance about how this statute may apply to your situation.
    Answer Applies to: Arizona
    Replied: 11/7/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    That depends upon the relative earnings of the parties.
    Answer Applies to: California
    Replied: 7/3/2013
    The Law Office of Nathaniel M. Smith, LLC
    The Law Office of Nathaniel M. Smith, LLC | Nathaniel M. Smith
    You should consult with a lawyer about your divorce, whether you're entitled to alimony, possible settlement terms, and the possibility of payment of your legal fees by your husband if the divorce is contested. This answer is for informational purposes only. This answer is not intended to create, and does not create, an attorney-client relationship. Use of this answer is not intended to create in any party any rights whatsoever. You should not rely on this answer alone for making decisions regarding your legal matters, as that requires an analysis of your specific facts in the context of existing law. It is recommended that you seek legal counsel for such matters.
    Answer Applies to: Georgia
    Replied: 11/7/2011
    Law Offices of Laurie Peters
    Law Offices of Laurie Peters | Laurie Peters
    Spousal Support will depend on the income of each spouse.
    Answer Applies to: California
    Replied: 11/7/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Whether one is entitled to "alimony," (which is called spousal support in CA), depends on various factors, as set forth in California Family Code section 4320. I suggest that you look up such code section online via your web search engine of choice (e.g., Google, Yahoo, etc.).
    Answer Applies to: California
    Replied: 11/7/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Alimony is a fact-specific issue. Therefore, you will need to consult with an attorney regarding the background of your case and so they can give you an idea of the viability of an alimony claim.
    Answer Applies to: Georgia
    Replied: 11/7/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Yes.
    Answer Applies to: Massachusetts
    Replied: 6/2/2013
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    It is pretty much impossible from the information you provide for me to say whether you would get any alimony (properly called "maintenance" in Washington). This is because the issue of maintenance is decided on a case by case basis. There is no set rule that entitles someone to get maintenance. In general, the factors that the court is supposed to consider in trying to decide whether to set maintenance (and for how much and how long) include: the ages of the parties, the duration of the marriage, the work history of the parties, the health of the parties, and the education of the parties.
    Answer Applies to: Washington
    Replied: 11/7/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Maybe. The court considers lots of things when awarding maintenance (alimony) in Washington.
    Answer Applies to: Washington
    Replied: 6/2/2013
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    If you were the dependent spouse, you will get alimony.
    Answer Applies to: New Jersey
    Replied: 11/7/2011
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