Can my daughter get alimony if she was a stay at home mom? How? 12 Answers as of August 26, 2015

She has stayed home with the children. One girl is 6 years old in school, the other child is 21 months old. She lives with her husband and has been a stay at home mom since the youngest was born. She and her husband agreed for her to stay home with children. Both children are theirs together and they have been married about 10 years. This is the first marriage for both with no other children for either.

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Based upon the facts provided, your daughter should get maintenance(spousal support)for a period of time based upon a number of factors, including the length of the marriage and how long it will take for her to return to the job market and be able to support herself(training may also be a factor)unless the husband's income is not sufficient to be able to afford child support plus medical insurance and extras for the children, support himself, as well as pay maintenance.
Answer Applies to: New York
Replied: 8/26/2015
Diane l. Berger | Diane L. Berger
Depending on the husbands income and the award of child support it is possible.
Answer Applies to: Nebraska
Replied: 8/26/2015
The Law Office of Kimberly D. Moss
The Law Office of Kimberly D. Moss | Kimberly Moss
Texas doesn't have alimony; however, it does have spousal maintenance. Your daughter appears to be entitled to spousal maintenance due to having been married for ten years. The best bet is going to be for your daughter to have a consultation with a divorce attorney who specializes in divorces with children. It will be well worth the time and money to find out what she's entitled to.
Answer Applies to: Texas
Replied: 8/26/2015
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
Alimony would be pursued in a divorce action. This is a mid term marriage. A complete review of incomes, assets, debts and expenses will need to be done by a competent family law attorney in order to opine on the subject of the types of alimony that should be pursued as well as the likelihood of success on the same.
Answer Applies to: Florida
Replied: 8/26/2015
Law Offices of Julie A. Ringquist | Julie A. Ringquist
It depends on his income and her earning ability. If one spouse earns significantly more than the other spouse, there will be spousal support. The court will also order child support. The court may allow her to stay home a while longer, but not much because it is the court's goal that both spouses become self supporting at the earliest reasonable time. In a reasonable amount of time, she must either begin working, or the court will impute reasonable earnings to her and lower the amount of support based on what she could and should be earning.
Answer Applies to: California
Replied: 8/26/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Probably she can get alimony (now generally called 'maintenance') but she will likely have to fight for it. She needs a good family law attorney. Good Luck to all of you.
    Answer Applies to: Wisconsin
    Replied: 8/25/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    There are a number of factors which are taken into account in determining whether or not alimony is reasonable or required. I would suggest that if you daughter is considering divorce and would like to have an understanding of the likely consequences to her, that she engage or at least counsel with an attorney providing all of the facts.
    Answer Applies to: Michigan
    Replied: 8/25/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Because the family system is no longer intact , the court expects both parents to be as gainfully employed as possible. At some point in the future the children's mother will need to return to the workforce. The practical reality is that at this stage one of the children is very young and the cost of daycare may be greater than what her income could be. More information is needed. She should meet with an experienced family law attorney to explore her legal options.
    Answer Applies to: California
    Replied: 8/25/2015
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    That depends on whether she has the ability to make the same income her spouse does.
    Answer Applies to: Georgia
    Replied: 8/25/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    I do believe she would be entitled to some alimony for a period of time. Enough time to give her an opportunity to finish school, if she needs to, and get a full time job. Alimony is a negotiable item in both amount and length of time. I suggest they consider Mediation. Mediation is Fast, Effective and Affordable. Good luck to your daughter.
    Answer Applies to: Florida
    Replied: 8/25/2015
    Attorney at Law | Aimee C. Robbins
    Yes and child support also.
    Answer Applies to: Maryland
    Replied: 8/25/2015
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