Do I have to pay alimony if my ex is in another state? 19 Answers as of July 11, 2013

If I live out of state, will I have to pay alimony? We have been separated for over a year now.

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ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
Whether or not you pay either temporary or permanent spousal support, known in some states as "alimony," depends on the wording of your judgment. Normally this is not affected by where they live, if they have moved away from you or you from them. Your separation period is not relevant to the awarding of support or alimony, except to the extent that you are not divorced. You can continue to owe temporary spousal support for up to six months after you are divorced, and permanent spousal support may be for a definite or indefinite period of time.
Answer Applies to: Louisiana
Replied: 7/1/2011
Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
There are many factors that go into determining whether alimony will be paid. Your current state of residence is not one of them.
Answer Applies to: Florida
Replied: 7/1/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Alimony or spousal maintenance as it is called in Washington State is typically paid to one spouse who has a need for maintenance and the other spouse's ability to pay (there are other factors as well). Living in different States doesn't matter.
Answer Applies to: Washington
Replied: 7/1/2011
The English Law Firm
The English Law Firm | Robert English
It doesn't matter where you or your ex live. You may be required to pay spousal support if the facts of the case support it.
Answer Applies to: California
Replied: 6/30/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
That will be for the court to decide. I would argue that your spouse has be self-sustaining for a year now and is in no need for spousal support - which has nothing to do with your spouse being in another state, but everything to do with your spouse being without the assistance of you financially. Contact the office today for a free consultation.
Answer Applies to: Illinois
Replied: 6/30/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If a court rules that you have to pay alimony, you have to pay it no matter where you ex lives. If there is no current court order requiring you to pay alimony, the question will be whether or not the court that decides your divorce can or will order you to pay, but where your ex lives doesn't control that either. You may need to discuss the exact factual situation with an attorney to determine what the options are.
    Answer Applies to: Colorado
    Replied: 6/30/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    While it is possible, it is unlikely. Speak to a local divorce attorney about it. Good luck.
    Answer Applies to: New York
    Replied: 6/30/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Where you live is irrelevant other than it effects how they have to serve you in order for the court to get jurisdiction to order maintenance. Whether you owe maintenance depends on many factors. The fact you have been separated for a year, and I assume you have not paid her during that time, helps your argument there should be none.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    First, there are several questions, the answers to which may affect the answer. These include: What state are you in? What state is your ex in? Have the two of you already divorced or are you just separated? What state has jurisdiction? In general, simply being in another state will not protect you from a claim of alimony or maintenance. For example, if you spouse filed for divorce here in Washington (and assuming Washington had jurisdiction), then, in appropriate circumstances, it could order you to pay maintenance (alimony). The mere fact that you are in some other state, not prevent that. Whether the court would order maintenance, however, depends on a number of other factors.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Whether a spouse lives in another state has no impact on spousal support. Spousal support depends on myriad of factors including age, health, earning capacity, length of marriage, and more.
    Answer Applies to: Minnesota
    Replied: 6/29/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Is there a judgment of divorce ordering you to pay spousal support?
    Answer Applies to: Michigan
    Replied: 7/11/2013
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    The issue of alimony usually doesn't get effected by her living out of state. There are many other factors that would play a roll and you should consult an attorney about it in your state.
    Answer Applies to: Connecticut
    Replied: 6/29/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Alimony would depend on a whole host of factors and, in my opinion, where you now live would likely not be determinative. You should consult with a divorce lawyer about all your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 6/29/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    That may depend on which state the divorce is filed in. If the divorce is done in Washington, whether or not you are required to pay alimony should not be affected by whether you actually live within the state.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If there is a court order or Judgment requiring you to pay alimony, the fact that your ex lives in a different state provides no justification for you to violate the requirements of that court order or Judgment. You could face contempt-of-court proceedings if you fail to comply with those requirements.
    Answer Applies to: California
    Replied: 6/29/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Where you live should be irrelevant as to whether you pay alimony.
    Answer Applies to: Georgia
    Replied: 6/29/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In another state, country or hemisphere, you have to pay spousal support or child support that is court ordered, until further order of the court.
    Answer Applies to: Ohio
    Replied: 6/29/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    If your divorce decree states you have to pay alimony then yes. If there is a clause in your decree that states you don't have to if they move out of state then you should be ok.
    Answer Applies to: Utah
    Replied: 6/29/2011
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