Can my wife get alimony if she only married me for money? 18 Answers as of April 27, 2011

I finally realized my wife has been cheating. She devised a plan to take all that I have from sole and separate property from an injury I suffered to my homes, cars, and kids while she's been waiting for the time to evict me. She says she will file abuse charges to kick me out of my home that was paid for with separated money. She hasn't put any money or effort in the home and put me in the streets.

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Hire a lawyer now. Do not wait for her to plan and set the scheme in motion to protect yourself. Find a lawyer who practices routinely in your jurisdiction. I practice in Collin and Dallas counties, so let me know if I can help. The second issue is alimony. There is no alimony in Texas, it is unconstitutional.

There is temporary Spousal Support, but that is another issue altogether, and it depends on multiple factors. As for the separate property issue, can you trace the property (show it was purchased with funds from your separate estate)? If so, she may try to force you out of the house, it is a lot harder to do than you may think, so do not voluntarily leave but do not, no matter what, do not touch her in an assaultive manner. If things get heated, you are better off letting her hit you, and you call the cops. Do not, repeat, to not hit her. If you assault her, based on what you have said here, she will file charges, have you arrested, file for divorce and get a protective order handing her temporary use of the house, she will have you in jail and access to all the records and check books.
Answer Applies to: Texas
Replied: 4/27/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
Your wife may be eligible for spousal support (there is no alimony in Oregon) depending on the circumstances and regardless of her actions. Spousal support is awarded to assist the receiving spouse from having to rely on state resources. Her conduct may factor into the decision of the court to award spousal support. This sounds like a situation where you should seek counsel.
Answer Applies to: Oregon
Replied: 4/26/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
If your wife has taken title to your home that may be able to be set aside. If she has simply spent your money you probably have no legal right to charge her for it. Based on your facts if you have any remaining assets you need to immediately protect this assets from access by her. If she wants support, and has no job, or is working less then her capacity to work, we can place her in a process by which income is imputed to her. When you call we can discuss all the details of your case.
Answer Applies to: California
Replied: 4/20/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
A divorce court is a court of equity. Equity does not mandate "half." It may be that the split should heavily favor one party over the other, but you must provide the court with enough admissible evidence to justify an award in your favor. Stay well.
Answer Applies to: Alabama
Replied: 4/19/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
The way you have stated the question, the answer is YES because alimony in Colorado is basically a test of need against ability to pay. The reason for a marriage isn't the test one way or another. However, the facts that you believe prove she only married you for money might support a finding by a judge that she has no justifiable need for support. You can only get a meaningful answer to your situation by consulting an attorney.
Answer Applies to: Colorado
Replied: 4/19/2011
    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: 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 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 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: The financial resources of the spouse seeking maintenance; The amount of time that is necessary for the spouse seeking maintenance to acquire necessary skills or education to find appropriate employment; The age and physical and emotional health of the recipient spouse; The standard of living established during the marriage; The length of the marriage; The contribution and economic sacrifices of a homemaker including loss of seniority, retirement benefits and other employment opportunities foregone while working at home 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: 4/19/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    There are other factors that need to be discussed including the length of marriage. I encourage you to contact our office to set an appointment for a free consultation so that we can discuss your specifics privately.
    Answer Applies to: Illinois
    Replied: 4/19/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    You have lots of complicated property issues therefore run and hire a family law attorney now.
    Answer Applies to: California
    Replied: 4/19/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Depending on what state you are in, she can always ask for alimony but has to prove certain elements. In Utah there is a specific statute right on point in regards to Alimony. Feel free to give us a call for free consultation if you live in Utah. We will go over that statute with you and hopefully show you how you can avoid paying alimony.
    Answer Applies to: Utah
    Replied: 4/19/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Sorry to hear about your situation. You do not state whether this is a first or second marriage or how long you have been married. There are several factors the court must look at when deciding whether to award alimony. Fault is one of them. Should you wish to discuss further you may contact us. Good luck.
    Answer Applies to: Connecticut
    Replied: 4/19/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If you believe that you were induced into marriage by fraud, you can seek an annulment, which likely would prevent her from getting spousal support, but it is doubtful that you can prove that. As for spousal support during a divorce, support is available to the lower income spouse if requested.
    Answer Applies to: California
    Replied: 4/18/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Under those circumstances, you would be wise to consult and retain an experienced Family Law Attorney to file a divorce case before your wife files. Your facts are not sufficiently detailed to enable me to give a more detailed answer - I am unable to determine whether your injury was sustained prior to the marriage, whether you owned your homes prior to the marriage, whether there was commingling of separate and community property, how your wife has been cheating (do you mean with another man?), etc., but what I am able to determine is that your marriage is over, that you should waste no time in finding an experienced Family Law Attorney to counsel and represent you, and that you shouldn't tell your wife that you are doing so - it may make her rush to another attorney to try to file and serve first.
    Answer Applies to: California
    Replied: 4/18/2011
    Ciccarelli Law Offices
    Ciccarelli Law Offices | Lee Ciccarelli
    Friend, now is the time to obtain a legal consult. A thorough review of your rights , options and the right strategies to delea with this dilemma are in order. Speak to an experienced, Aggressive, reasonable divorce lawyer. Feel free to speak to an attorney.
    Answer Applies to: Pennsylvania
    Replied: 4/18/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    If you bought a home with money from a personal injury claim and you've kept the money separate from your wife, then its easy to get it back or keep it when you divorce. On the other hand, if you've comingled it with her by putting her name on your home, cars, etc. then you may still be able to get at least some of it back if you can follow the money effectively. That's where the problems may occur. However, you don't have to be the one to leave, despite her claims of abuse. Hire a good lawyer and fight her for everything and you may be surpried what turns up later. Good luck.
    Answer Applies to: New York
    Replied: 4/18/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Based on the information that you have provided, if there is ample evidence to back it up, then it is unlikely that she would be awarded alimony. However, much more information would be needed to assess your particular situation. Alimony cases tend to be hard to predict - there is a lot of ambiguity and judges have a lot of discretion. Thus, I would recommend retaining a divorce attorney ASAP.
    Answer Applies to: Massachusetts
    Replied: 4/18/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington, alimony is called maintenance. It is awarded on the need and ability to pay, among many other factors. The fact your wife married you for money would a) bedifficult to prove with evidence b)probably be irrelevant. You need to see an attorney fast. Good luck.
    Answer Applies to: Washington
    Replied: 4/18/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    If your allegations can be proven, then you can eliminate alimony as an award. Sounds to me like your claiming your wife entered in to the contract of marriage for fradulent reasons? Get a lawyer and protect your assets.
    Answer Applies to: Massachusetts
    Replied: 4/18/2011
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