Can I get spousal support if I have been married for twenty years? 31 Answers as of June 26, 2013

I have been married 20 years. My husband is a doctor. Can I get spousal support and if so, for how long? Also can I get compensation if I am on disability retirement resulting in a job that I have my secured education degree in that field? The disability occurred during my marriage.

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can get Spousal Support until your (or your husband's) death or your remarriage. The part of your question regarding disability is unclear - but if you are disabled, that may enhance the amount of Spousal Support that you receive. You should be represented by an experienced Family Law Attorney in your divorce.
Answer Applies to: California
Replied: 11/28/2011
Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
It is more likely than not that you will be entitled to spousal support known as maintenance. You should be entitled to maintenance even if you receive disability payments.
Answer Applies to: Illinois
Replied: 11/22/2011
Donaldson Stewart, PC
Donaldson Stewart, PC | Monica H. Donaldson Stewart
If you do not have sufficient income to meet your needs and are unable to earn an income sufficient to meet your needs, you may qualify for spousal support. There are many factors for the court to consider (including, but not limited to your health and the length of the marriage). This is a very "grey" area of law because there is no mathematical formula for calculating spousal maintenance. I recommend you speak with an attorney who can assist you in determining your best course of action.
Answer Applies to: Arizona
Replied: 11/21/2011
Law Office of Neil M. Kerstein
Law Office of Neil M. Kerstein | Neil M. Kerstein
Under the current version of M.G.L.A. c. 208, 34 the court may award alimony to either of the parties upon a divorce or on a complaint brought after a divorce. The statute sets out a list of factors to be considered by the court in awarding or denying alimony , and setting its amount if awarded. The scope and breath of these factors empowers the court to deal broadly with the settlement of the financial affairs of the divorcing party by assignment of property in lieu or in addition to alimony awards, but it was not intended to eliminate alimony . Thus, the issue of alimony remains viable under the statute, particularly in regard to a spouse's need for support and maintenance in relation to the financial condition of the parties. Need is measured by the station of the parties and by what is required to maintain a standard of living comparable to that enjoyed during marriage. In sum, the need of one spouse and the ability of the other spouse to pay support to meet those needs is the basis of alimony under the statute.
Answer Applies to: Massachusetts
Replied: 11/18/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
The answer to your question is not a simple one. Although on its face, it would seem as if some spousal maintenance is likely, it would require a review of all circumstances surrounding the case. Unlike Minnesota's child support statutes, there are no percentage guidelines to determine when spousal maintenance is appropriate or at what level. In Minnesota, trial courts have broad discretion in deciding whether to award maintenance and in determining its duration and amount. As a result, spousal maintenance often becomes one of the most contested issues in divorce proceedings.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.
Answer Applies to: Minnesota
Replied: 11/18/2011
    Rhonda R. Werner Schultz, PL
    Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
    Assuming your husband earns a sufficient income and you have financial need, you would have a good chance of receiving spousal maintenance. There is a presumption in favor of it when your marriage exceeds 20 years. This area of divorce law is very fact specific and you should consult an attorney to review your case and advise you based on your local court.
    Answer Applies to: Wisconsin
    Replied: 11/18/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, you are very likely entitled tospousal support upon divorce and even beforehand if you are separated from your spouse and he fails or refuses to support the household or you during your separation. As for compenstation, it sounds like you have a legitimate claim, but its impossible to tell more from the sparse information offered in your question. Speak to a compensation lawyer about that matter. Good luck.
    Answer Applies to: New York
    Replied: 11/18/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    This is very fact specific. You should get an attorney. Yes you will be eligible to argue for maintenance but how much and for how long are either done by agreement or the court decides the matter.
    Answer Applies to: Wisconsin
    Replied: 11/18/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Maybe. The duration of the marriage is just one of several factors that the court is supposed to look at in trying to make a decision about whether to award maintenance, in what amount, and for how long. Some of those other factors include such items as: The age of the parties, the health of the parties, the work history of the parties, the education of the parties, the division of assets, and each party's need and ability to pay.
    Answer Applies to: Washington
    Replied: 11/18/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Yes, generally, you should discuss the topic of alimony with your own divorce lawyer as soon as possible, along with your other rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 11/18/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | Cara Lee Thompson
    The fact that your marriage is considered long-term could be in your favor, because length of marriage is a factor (one of many) that is taken into account when determining whether to award spousal support. Need and ability to pay are also crucial. Strictly going on your spouse's profession, it does sound like he has an ability to pay. And, taking into account the fact that you are collecting disability goes to you having a need for support. Of course, nothing can be guaranteed of all of this, but it does sound like you have a case for a spousal support award.
    Answer Applies to: Massachusetts
    Replied: 11/18/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, you might be able to get spousal support under these facts for at least 10 years and, perhaps, even longer.
    Answer Applies to: Virginia
    Replied: 11/18/2011
    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. You may be entitled to substantial property rights in addition to spousal support. Please meet with a skilled family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 11/18/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    These are very fact based issues that can only be answered by an attorney after a detailed consultation regarding the specific background of your situation. There is no set formula for alimony and there is no entitlement to alimony.
    Answer Applies to: Georgia
    Replied: 11/18/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Highly likely. Maintenance depends on many factors. There is no formula.
    Answer Applies to: Washington
    Replied: 11/18/2011
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Under Washington state law, it is highly likely that you will receive spousal maintenance under the circumstances you describe.
    Answer Applies to: Washington
    Replied: 11/18/2011
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    There are different kinds of spousal support available to you. Also if your husband has his own practice you would have an interest in his ownership interest in some cases. I would recommend meeting with counsel and discussing these issues, as there are many different avenues you can take.
    Answer Applies to: Nevada
    Replied: 11/18/2011
    Ruiz Law Group, P.C.
    Ruiz Law Group, P.C. | Frances Ruiz
    You have a very good chance of getting spousal support.
    Answer Applies to: New York
    Replied: 6/26/2013
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    Other factors come into play, but based upon the information you have provided, yes you would definitely qualify for spousal support.
    Answer Applies to: Illinois
    Replied: 11/17/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    In Colorado there are no fixed rules, so it isn't possible to answer your question with anything other than to say that spousal support is possible. If your husband won't agree to something you feel is appropriate, a judge will decide if, how much, and how long, any spousal support should be ordered. That decision will be generally based on a comparison of your reasonable needs with your husband's ability to pay. From the facts you relate, it is likely that you would successfully obtain spousal support, but you need to consult an attorney who can evaluate the circumstances with all the relevant information.
    Answer Applies to: Colorado
    Replied: 11/17/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Given the limited facts stated in your question, it seems that you are likely entitled to spousal support. As for the duration of any support payments, because your marriage is over 10 years in length, then the court will reserve jurisdiction to modify or terminate support down the road, depending on how events evolve. You didn't state your age in your question, but assuming you are in retirement years (e.g., 60's), then based on the length of your marriage, you may be entitled to support until you remarry (if ever), or until death. The California statute that governs this issues is Family Code Section 4320. You can look it up on Google, or your internet search engine of choice.
    Answer Applies to: California
    Replied: 11/17/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Yes. Potentially indefinitely.
    Answer Applies to: California
    Replied: 5/31/2013
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Yo're probably eligible for long term maintenance support, which could continue indefinitely until you or your spouse dies.
    Answer Applies to: Oregon
    Replied: 11/17/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    It sounds like you are a candidate for spousal support. In a long-term marriage, such as yours, support usually does not have a designated ending date.
    Answer Applies to: California
    Replied: 11/17/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If you have a need and he has the ability to pay, then yes, you can get spousal support, especially with a long term marriage of 20 years. You should consult with an attorney regarding the potential alimony issue, as well as any others that might exist.
    Answer Applies to: Florida
    Replied: 11/17/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Quite possibly. Spousal support determinations are based on a complete analysis of your finances and the finances of the marriage. You should discuss your case in detail with a local divorce attorney.
    Answer Applies to: New York
    Replied: 11/17/2011
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