Can I get alimony if I was married for four years? 26 Answers as of September 24, 2011

Can I get alimony for being married for 4 years?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Alimony is unconstitutional in Texas. If you are referring to "temporary spousal support" my it is not likely. In Texas to get temporary spousal support, you must be married 10 years or be the victim of spousal abuse (physical) and unfortunately, you have to prove it - your assertions and allegations alone are not enough. Additionally, even if you qualify - it is very limited so it is not something you can plan on.
Answer Applies to: Texas
Replied: 9/24/2011
Reza Athari & Associates, PLLC | Riana Durrett
The longer the marriage, the more you contributed, and many other factors will have an affect on whether you will receive alimony. An attorney with experience in this area can help sort through which facts are most important and what evidence should be presented on your behalf.
Answer Applies to: Nevada
Replied: 9/20/2011
The Law Office of Kem Eyo, LLC
The Law Office of Kem Eyo, LLC | Kem Eyo
Qualification for receiving alimony is based on more than just the length of the marriage. You would need to present more information to determine if you qualify. You should please directly with an attorney.
Answer Applies to: Georgia
Replied: 9/20/2011
Colucci and Associates
Colucci and Associates | Paul Colucci
Four years is a very short term, but whether you can collect spousal support will depend on many different factors.
Answer Applies to: Michigan
Replied: 9/20/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
You might be able to. However, it might not be much. In Washington, there are a number of factors that go into whether there is an award of maintenance. Some of those factors are: the duration of the marriage; the paying person's ability to pay; the receiving person's need; the ages of the parties; the health of the parties; the employment history of the parties; the education of the parties; and others. So, whether you get any maintenance will depend on how all of these factors line up.
Answer Applies to: Washington
Replied: 9/20/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
The answer depends on many factors, not the least of which is the income of the parties and the length of the marriage. Certainly, on a short term marriage, spousal support is much less likely.
Answer Applies to: Minnesota
Replied: 9/20/2011
George Pecherek & Associates, P.C.
George Pecherek & Associates, P.C. | Andrew John Hawes
There is no set time period. The longer you are married, the more justification there is for maintenance (formerly known as alimony) because you have become accustomed to a certain lifestyle. Rather than any set time period, the court considers a number of factors, including the following: (1) the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance; (2) the needs of each party; (3) the present and future earning capacity of each party; (4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage; (5) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment; (6) the standard of living established during the marriage; (7) the duration of the marriage; (8) the age and the physical and emotional condition of both parties; (9) the tax consequences of the property division upon the respective economic circumstances of the parties; (10) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse; (11) any valid agreement of the parties; and (12) any other factor that the court expressly finds to be just and equitable. As you can see, the duration of the marriage is only one of a long list of factors a judge is to consider when deciding whether to award maintenance. If you are serious in seeking maintenance, you should consult with an attorney who specializes in this field.
Answer Applies to: Illinois
Replied: 9/20/2011
Hochman and Peppler, LLC
Hochman and Peppler, LLC | Thomas R. Peppler
Probably not. There is a presumption that alimony is not required in short term marriages. It is a rebuttable presumption and there are some exceptions, such as a disability that occurred during the marriage.
Answer Applies to: Florida
Replied: 9/20/2011
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
Depends but not usually unless there are unusual circumstances (became disabled during the marriage etc.)
Answer Applies to: Wisconsin
Replied: 9/20/2011
Michael D. Fluke, P.A.
Michael D. Fluke, P.A. | Michael D. Fluke
Depending on the circumstances, you may be able to get short term alimony. The court may consider the discrepancy in incomes, what is needed to get re-established as a single person, if one Party stayed home with children and a number of other factors. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answer Applies to: Florida
Replied: 9/20/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, you may be entitled to alimony based on a 4 year marriage, depending on the facts in your case, such as your spouse's earnings compared to yours, the standard of living that was established during marriage, etc. If you are in California, please note that "alimony" is called spousal support. There are two types of spousal support in California: temporary and long term. Temporary is designed to help the less wealthy spouse maintain the status quo (i.e. pay the bills) while the divorce is pending. Long term spousal support is designed to help the less wealthy spouse maintain the "marital standard of living" for a certain amount of time that it may take to become self supporting. There is a legal assumption that such duration is half the length of the marriage, but such presumption can be rebutted, depending on the facts. You can look up (via Google) California family code section 4320, which sets forth the factors a court may consider to determine the amount and duration of spousal support. I'd strongly recommend that you hire a local family law lawyer for assistance. Good luck!
    Answer Applies to: California
    Replied: 9/20/2011
    Patricia C. Van Haren, Attorney at Law
    Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
    There are many factors which are used to determine whether a party is entitled to spousal support. With a marriage of short term duration, you may be entitled to spousal support for one half of the time of the marriage particularly if the other party earns significantly more than you.
    Answer Applies to: California
    Replied: 9/20/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Doubtful but you can always ask for it in your pleadings.
    Answer Applies to: Alabama
    Replied: 9/20/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    You need to share many more factors with a lawyer to answer that question, such as ages, health, incomes, earning capacities, etc.
    Answer Applies to: Pennsylvania
    Replied: 9/20/2011
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    Maybe. There are a number of factors the court reviews in granting support. To obtains it in a short term marriage, you would have to show something like you quit work to stay home with a child, you left your job to move for your spouse's job, you became disabled during the marriage.
    Answer Applies to: Ohio
    Replied: 9/20/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    In some states, possibly, depending on facts we do not have.
    Answer Applies to: Georgia
    Replied: 9/20/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    That totally depends on the overall facts and circumstances related to your needs and your spouse's ability to pay. With a short term marriage you are not likely to get spousal support (alimony) for any significant length of time, but something for a short term may be appropriate.
    Answer Applies to: Colorado
    Replied: 9/20/2011
    The Law Office of M. Elizabeth Foley | M. Elizabeth Foley
    No10 years is the minimum, and there are a number of other restrictions as well. Texas spousal maintenance is not what other states call alimony. It's the closest we get to alimony, but it's really not at all the same thing, and it's not available to most divorcing spouses .
    Answer Applies to: Texas
    Replied: 9/20/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    Spousal support can be ordered once requested, and the general rule (which can vary greatly) is that spousal support lasts about 1/2 the length of the marriage.
    Answer Applies to: California
    Replied: 9/20/2011
    Linda C. Garrett Law
    Linda C. Garrett Law | Linda Garrett
    Yes, if facts support your request. For instance, for temporary support (period from date of filing for divorce to date divorce final), you can request if you can show you have need for support and spouse has ability to pay. As a general rule of thumb, spousal support, if granted, lasts approximately half the life of the marriage, e.g. two years. I recommend you speak to an attorney in your area to determine if you have sufficient facts for requesting spousal support. If you can't afford an attorney to represent you, locate an attorney who is willing to provide you with consultation and/or coaching legal services.
    Answer Applies to: California
    Replied: 9/19/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Yes. Pursuant to the legislative recommendations, you would likely receive Spousal Support for 1/2 the duration of your marriage to the date of separation, or two years of Spousal Support.
    Answer Applies to: California
    Replied: 9/19/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington, Temporary maintenance may be easier than at end of the marriage. Length of marriage is only one factor when deciding maintenance. A short marriage generally makes it less likely you'll get maintenance.
    Answer Applies to: Washington
    Replied: 9/19/2011
    The Law Office of David J. Reed, LLC
    The Law Office of David J. Reed, LLC | David J. Reed
    It always depends on the circumstances; however, the general period of marriage required for "qualification of alimony" is usually five years or more. There are instances where four years suffice but it is dependent on the circumstances.
    Answer Applies to: Nebraska
    Replied: 9/19/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You may be entitled to some short-term spousal support. The amount and duration depends on your economic needs and your husband's ability to pay.
    Answer Applies to: Oregon
    Replied: 9/19/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, alimony can be paid for half the length of the marriage. If you were married for 4 years, you could receive support for 2 years.
    Answer Applies to: California
    Replied: 9/19/2011
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