Can my wife make me pay maintenance support, if and when we get a divorce? 16 Answers as of January 16, 2014

My wife and I have been married for 6 years. About a month ago I found evidence of her having affair for the last 6 months they stayed in a hotel together for one weekend. And have also talk and text every day. I have audio recordings of her that she had sent to him calling me names and running me down. He is a musician so she also got his stage name tattooed on her hand. I have proof of all this including pictures of them together. For the most part she has not worked our whole marriage except for the last 3 months.

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In Arizona, unfortunately, marital misconduct is not a factor considered by the court when spousal maintenance is an issue.
Answer Applies to: Arizona
Replied: 1/16/2014
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
No make her pay you support because you have proof of adultery.
Answer Applies to: Georgia
Replied: 1/16/2014
Law Offices of Frances Headley | Frances Headley
Her ability to get support will not be affected by the affair. The court will only look at your respective incomes. For a short term marriage like yours support will last no more than 3 years.
Answer Applies to: California
Replied: 1/15/2014
Kirby G. Moss PC | Kirby G. Moss
Unfortunately, fault isn't an issue in Indiana and yes she could potentially get maintenance. The good news is that it is only temporary(while divorce pending) in Ind.
Answer Applies to: Indiana
Replied: 1/15/2014
Diane l. Berger | Diane L. Berger
The fact that she had an affair will not, or should not, enter into the decision as to whether or not she would be awarded spousal support. That is purely a financial issue.
Answer Applies to: Nebraska
Replied: 1/15/2014
    Peyton and Associates | Barbara Peyton
    Spousal support is based on the income, the need and the ability to work of each party. If you earn a great deal more than your wife, you will be ordered to pay spousal support for a period of time. Usually, in California, the period of time is roughly one-half the length of the marriage.
    Answer Applies to: California
    Replied: 1/15/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    My guess is that in Idaho she will not get spousal maintenance. Of course, if I were you, I would cite adultery as the basis for the divorce in addition to irreconcilable differences.
    Answer Applies to: Idaho
    Replied: 1/15/2014
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You are going to want to be VERY smart about this. you need to talk to a VERY smart divorce attorney.
    Answer Applies to: New Jersey
    Replied: 1/16/2014
    Law Office of Robert E McCall | Robert McCall
    There is no Yes/No answer. The issue is for the Judge to decide.
    Answer Applies to: Florida
    Replied: 1/15/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    All she can do is, after divorce filed, ask the Judge to award Alimony (maintenance support). The Judge may or may not grant her request. With a 6 year marriage, if the Judge does award alimony, I would guess the amount would be small and the time period would be limited.
    Answer Applies to: Florida
    Replied: 1/15/2014
    Paul H. Belanger, P.C. | Paul H. Belanger
    If she does it can be defended successfully.
    Answer Applies to: Michigan
    Replied: 1/15/2014
    James M. Chandler | James M. Chandler
    Every thing you have would be evidence to present to refute her need for support.
    Answer Applies to: California
    Replied: 1/15/2014
    John Russo | John Russo
    Two (2) things I will advise you, 1. Make sure she is working if and when you decided to move forward, hopefully it is full time employment, once a divorce has begun one of the first actions of the court will be to determine what temporary orders need to be put in place, the operative term is temporary, they only last for the term of the divorce proceeding, could be 4 or 5 months, could be a year or longer that will depend on the both of you. One of those orders is temporary allowances, that's what will call it in my jurisdiction, all that means is how will the marital bills, and debt be divided and paid during the divorce, so that's why it is important that she is employed. 2. Stop listening to those recordings, I know it is hard, but they will blind your emotions with rage, and the decisions you make during this time period will have an effect on the rest of your life, so try not to dwell on that. Also, conduct during the marriage is not weighted today as it was once in the past, violence is never accepted, or drug use, but, boyfriends and girlfriends are not the scarlet letter they once were, most judges will use bravado from the bench on that issue, but in chambers the majority will say I don't want to hear about boyfriends, or girlfriends , not that you can't use it, or hold it over your spouses head, the last thing they want is that person subpoenaed into court. Lastly, try and retain a good divorce lawyer, not Uncle Ernie's real estate attorney, family law is a specialized practice, any lawyer can do a divorce, but would you want an eye doctor performing open heart surgery on you? Check around.
    Answer Applies to: Rhode Island
    Replied: 1/15/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Spousal support is not based upon fault. If you have a stronger earning capacity than your wife, she may be entitled to spousal support. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 1/15/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    Ohio usually will not look at affairs in divorce proceedings. The support is generally based on the relative incomes of the two parts and the duration of the marriage. A six year marriage in Ohio is not considered a long term marriage.
    Answer Applies to: Ohio
    Replied: 1/15/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    This series of unfortunate facts work in your favor, other facts and circumstances might not. I would suggest you take all of the facts to an attorney in order to receive a valid and knowledgeable opinion.
    Answer Applies to: Michigan
    Replied: 1/16/2014
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