Do I have to pay my wife anything upon divorce? 61 Answers as of June 29, 2013

Do I have to pay my wife anything upon divorce?

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Evan Guthrie Law Firm
Evan Guthrie Law Firm | Evan Guthrie
This depends on factors such as marital assets, length of marriage, prenuptial or separation agreements and many other factors that come into play.
Answer Applies to: South Carolina
Replied: 6/22/2012
Salladay Law Office | Lance Salladay
That depends on the circumstances- are there children, who has the children for the majority of the time, how long was the marriage, is the wife employed or capable of working- there are lots of issues that factor into that determination-See an attorney if this is an issue.
Answer Applies to: Idaho
Replied: 6/20/2012
Law Office of Lynda H. LeBlanc
Law Office of Lynda H. LeBlanc | Lynda Leblanc
Each divorce is specific to its own set of circumstances. You may have to pay spousal maintenance, property division payments and/or attorney fees (plus child support if you have children). To really get an idea of what the divorce will cost you, you should talk with a local attorney.
Answer Applies to: Indiana
Replied: 6/18/2012
John Russo | John Russo
Yes, to come over every weekend to cut the grass. That question depends on so many different issues it would take 5 hours to answer. Short answer, if you have children you will pay child support if the kids are placed with her, if the court determines the case requires an alimony award you will have to pay, if you want to buy her out of some type of asset you will have to pay, who pays who will be determined by the facts of your divorce it's that simple.
Answer Applies to: Rhode Island
Replied: 6/18/2012
Darrell B. Reynolds, P.C. | Darrell B. Reynolds
It would depend on the facts and circumstances of your case along with any agreement of the parties or the final order of the court.
Answer Applies to: Georgia
Replied: 6/15/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    Your question is too vague to be able to answer. Marital property/assets/debts must be divided upon a divorce and will be determined by the court if the parties cannot agree. So if there are marital funds in a bank account, that money would need to be divided. Real property, personal property, vehicles, retirement benefits, all must be divided up. If there are minor children, then child support is typically ordered to the party that has the children the majority of the time. There may also be a claim for spousal support/alimony and/or attorney fees. So there is a very high probability that you would be "paying" your wife something upon divorce.
    Answer Applies to: Michigan
    Replied: 6/15/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    It depends on far too many factors to ever answer here.
    Answer Applies to: Texas
    Replied: 6/15/2012
    Mike Yeksavich | Mike Yeksavich
    There is no way to answer this question. Under many facts you might pay and under many other facts you might not have to pay.
    Answer Applies to: Oklahoma
    Replied: 6/15/2012
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    In a divorce, all marital assets must be divided. Whether or not maintenance (alimony) has to be paid, is a question of need, ability to pay, whether the party seeking maintenance is able to work, the length of the marriage, etc. Whether or not you will have to pay maintenance depends on specific facts.
    Answer Applies to: Washington
    Replied: 6/15/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    That depends on how the marital property is split.
    Answer Applies to: Michigan
    Replied: 6/29/2013
    Palomino Law Firm, P.C.
    Palomino Law Firm, P.C. | Debra Palomino
    That depends on many factors, including but not limited to length of marriage, income disparity, financial resources, minor children, property and debt distribution.
    Answer Applies to: Arizona
    Replied: 6/15/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    The question of whether you have to pay your wife I believe is whether you will be responsible for spousal maintenance or alimony. Generally, alimony is granted when there is a large disparity between incomes of the parties and your spouse is entitled to the same lifestyle after the marriage that she had during the marriage. The other time that alimony is awarded is if the wife sacrificed her own earning capabilities during the marriage by raising the children. In that case, you also could be required to pay alimony. This not absolute and would require argument before the court as to why alimony should not be granted. I recommend hiring counsel and we handle these matters.
    Answer Applies to: Nevada
    Replied: 6/15/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Depends on settlement or judgment and whether there are children to support. Check with an attorney for your particular case.
    Answer Applies to: Alabama
    Replied: 6/15/2012
    Lombardi Law LLC
    Lombardi Law LLC | SUZANNE LOMBARDI
    In Alaska whether you have to pay anything to your wife depends upon how your property is divided. The court looks at all the marital property (property acquired during the marriage) and starts with the presumption that each party gets 50%. The arguments are made about earning power and disparity of income (who makes more money) and the court decides how to split up the marital property. So whether you have to pay you wife anything upon divorce depends on your individual circumstances.
    Answer Applies to: Alaska
    Replied: 6/15/2012
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Maybe. Much more information would need to be known in order to answer your question.
    Answer Applies to: Florida
    Replied: 6/15/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Maybe. The answer to your question requires much more information about your marriage and your financial affairs.
    Answer Applies to: Colorado
    Replied: 6/15/2012
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    There are to many factors that could come in to answer this question, this usually depends on the total community interest in assets and debts and how the parties will be left after the divorce.
    Answer Applies to: Nevada
    Replied: 6/15/2012
    Law Offices of Frances Headley | Frances Headley
    Upon dissolution, all community property must be equally divided. If there are children then child support must be paid. Also, spousal support may be ordered depending upon the incomes of the parties.
    Answer Applies to: California
    Replied: 6/15/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Your question is too vague to answer. The answer depends on the facts of your case, which you did not state. For instance, what assets and debts need to be divided? Does your wife want spousal support, and if so, is she legally entitled given the facts in your case? Do you have children? If so, you may have a child support obligation, depending on the parenting plan and each parties income. It would be wise to call a local family law lawyer to learn your rights.
    Answer Applies to: California
    Replied: 6/15/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    You have to pay whatever the Judge tells you to pay. The Court will make an equitable distribution of the marital assets. If there are children, the non-custodial parent pays child support to the custodial parent. You might have to pay alimony, but alimony is not granted in most Mississippi divorces, and you might be required to pay her attorney's fees. What the Judge will order you to pay depends on the facts of your particular case. If you obtain a divorce on the grounds of Irreconcilable Differences you and your wife normally would agree on what each of you pay.
    Answer Applies to: Mississippi
    Replied: 6/15/2012
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    This depends on various factors, 3 questions that come to mind immediately are 1) how long have you been married? 2) who is the breadwinner of the family? and 3) Does she or has she worked during the marriage? Without having answers to these questions, we cannot adequately answer your question.
    Answer Applies to: Illinois
    Replied: 6/15/2012
    Law Office of Gregory Crain | Gregory Crain
    It depends on what the facts are.
    Answer Applies to: Arkansas
    Replied: 6/15/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    It depends on a number of factors.
    Answer Applies to: Michigan
    Replied: 6/15/2012
    Varadi, Hair & Checki, LLC
    Varadi, Hair & Checki, LLC | Galen M. Hair
    The answer to this question is contingent upon a number of factors. If you have children and she has any custody over the children, you may have to pay her. If she qualifies for spousal support, you may have to pay her. Finally, depending on your community property and whether there are any reimbursement claims, you also may have to pay her something. The only way to truly answer these questions is to consult an attorney and fully discuss your situation with him or her.
    Answer Applies to: Louisiana
    Replied: 6/15/2012
    The Law Offices of Aubrey Harry Ducker Jr. PLC | Aubrey Harry Ducker, Jr.
    No. Do I have to have all the facts before answering your question? Yes. Whether and how much you have to pay depends on Many factors including: the Length of the Marriage, any children of the marriage, equitable distribution of property and debts, and many others. To truly get an answer to your questions, call an experienced attorney and schedule a time to meet and discuss ALL the Facts of your case.
    Answer Applies to: Florida
    Replied: 6/15/2012
    Ezim Law Firm | Dean Esposito
    If you have children, you may have to pay her child support. If she files a pleading requesting spousal support, you may have to pay her such if she can prove she is entitled to such.
    Answer Applies to: Louisiana
    Replied: 6/15/2012
    Law Office of Jonathan B. Eadie, PLLC
    Law Office of Jonathan B. Eadie, PLLC | Jonathan B. Eadie
    The property settlement in a divorce case varies depending on the circumstances of the individual case. In Michigan the court divides the marital property in an equitable (fair) manner. Spousal Support (Alimony) may be awarded in some cases. You should consult an attorney to discuss your individual situation.
    Answer Applies to: Michigan
    Replied: 6/15/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer would depend greatly on the facts of your case, agreements reached and the provisions of your final divorce decree. Money can be exchanged for many reasons including child support, spousal support or to equalize a property settlement. You should consult with a lawyer.
    Answer Applies to: Minnesota
    Replied: 6/15/2012
    Ryan Berman, Esq | Ryan Berman
    It depends on whether there are any marital assets or debts. The facts and circumstances of your particular case will control.
    Answer Applies to: Michigan
    Replied: 6/15/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Each divorce is unique and any monetary exchanges are dependent upon specific circumstances.
    Answer Applies to: Michigan
    Replied: 6/15/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    That, of course, depends upon the facts of your case. Do the facts warrant you paying your wife anything? If they do not, then you do not have to pay her anything. But if the judge says you have to pay her something, then you do. And if it is support that the judge says you have to pay to her, and you do not pay it, you can be held in contempt of court and punished with jail.
    Answer Applies to: Florida
    Replied: 6/14/2012
    Anderson & Boback | Janice L Boback
    It depends on the facts of your case.
    Answer Applies to: Illinois
    Replied: 6/29/2013
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    It depends on many facts you haven't revealed. See my website www.CaveManDivorce.com
    Answer Applies to: Washington
    Replied: 6/14/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    That depends on a lot of factors. If you have been the significant earner of the family, and your wife either hasn't worked, or hasn't earned near as much as you, she will likely qualify to receive Spousal Support payments from you, and to receive at least some of her attorney's fees paid by you. If there are any community assets, your wife is entitled to one-half of the net community assets (community asset value less community obligations). You would best retain (if not consult with) an experienced Family Law Attorney to represent you in your divorce.
    Answer Applies to: California
    Replied: 6/14/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, no or maybe. Explain the full situation and perhaps there is a highly probable answer but, without knowledge of the entity situation there is no possible answer.
    Answer Applies to: Michigan
    Replied: 6/14/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    The court will decide that.
    Answer Applies to: Georgia
    Replied: 6/14/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    This depends on the orders entered in the divorce. For example, the court might order you to pay spousal support, child support, or some amount for division or equalization of property; however, none of these things are "automatic" - they must be ordered by the court either pursuant to an agreement of the parties or upon the appropriate legal findings by the judge.
    Answer Applies to: Arizona
    Replied: 6/14/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    This depends on many different things. First, if she has primary custody of children you might have to pay her child support. Second, if you make more money than she does might have to pay her spousal support. If you get more assets than she does, you might owe her money to make it even. These are just a couple of examples of situations in which you might owe her money.
    Answer Applies to: California
    Replied: 6/14/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    That depends on such factors as length of marriage, income disparity, assets, debts and a whole host of other factors.
    Answer Applies to: Wisconsin
    Replied: 6/14/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    It all depends what the Judge orders. If she asks for Maintenance or attorneys fees and you have the abiilty to pay and she has the need, the Judge may indeed make financial provisions for payment of maintenance and attorneys fees those areas.
    Answer Applies to: Washington
    Replied: 6/14/2012
    Hamblin Law Office | Sally Hamblin
    Depends on the judge's decision.
    Answer Applies to: Michigan
    Replied: 6/14/2012
    Alvin Lundgren | Alvin Lundgren
    Alimony is dependent on the years married, respective earning ability and other specific details of each case.
    Answer Applies to: Utah
    Replied: 6/14/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    It depends on many facts- how long you were married, anyone cheat. Your standard of living.
    Answer Applies to: Rhode Island
    Replied: 6/14/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    This is a question that can only be answered with an understanding of the specific factual elements of your case.
    Answer Applies to: California
    Replied: 6/14/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Depending upon the length of the marriage and relative earnings of the parties, spousal support may be ordered, but it is not gender specific. Thus, if the husband is the lower wage earner, he may be entitled to receive support.
    Answer Applies to: California
    Replied: 6/14/2012
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    If your marriage is over 10 years in length, you may have to pay alimony.
    Answer Applies to: Alabama
    Replied: 6/14/2012
    Mary W Craig P.C. | Mary W Craig
    There is no way to answer this question without knowing your financial situation, whether your wife is capable of working, how long you've been married, and other issues that determine whether a court will award alimony, or how a court will divide the marital assets. Consult an attorney to determine what your financial obligations are likely to be.
    Answer Applies to: Alabama
    Replied: 6/14/2012
    Law Offices of F. Richard Ricketts, PLLC
    Law Offices of F. Richard Ricketts, PLLC | F. Richard Ricketts
    The correct answer to this is "it depends" which doesn't help anyone. Are there kids? Does your wife have a demonstrated need for maintenance? How long is the marriage? What assets are involved? If there are kids, then the courts will order child support, which is determined by applying both parties combined net income to a basic obligation table that is part of the statute. Once the basic support obligation has been determined, each person's individual responsibility is determined by taking his or her net income and dividing by the combined net income of both. This percentage times the basic support obligation will be the transfer payment. If the wife has a demonstrated need, meaning that her actual expenses are above her actual income, then there is demonstrated need. Do you have an ability to pay? This means after paying all of your bills, is there sufficient left over to pay some or all of her unmet need. If this is a long term marriage or there is a significant difference in the incomes of both parties, the courts may sometimes order spousal maintenance to balance the scales for a short period of time. Also, if there are cash and non cash assets, the Court may order a transfer payment from one spouse to another at the conclusion of a divorce to balance the assets and liabilities distribution equitably. So, the answer to the question really depends on the facts of the particular situation that you find yourself in when you are divorced.
    Answer Applies to: Washington
    Replied: 6/14/2012
    Law Offices of Dan Peelman | Dan Peelman
    California courts can award spousal support to a party. Family Code secti on 4320 sets out what the court uses as a standard for awarding spousal support. Basically, spousal support is based on the marital standard of living and the income of the parties.
    Answer Applies to: California
    Replied: 6/14/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    It depends on how long you were married and the abilities of each party to provide their own income.
    Answer Applies to: Georgia
    Replied: 6/14/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    It depends on marital assets, income, children etc.
    Answer Applies to: Colorado
    Replied: 6/14/2012
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    Depends on the circumstances, such as how long you've been married, when you acquired the assets, etc.
    Answer Applies to: Florida
    Replied: 6/14/2012
    Peyton and Associates | Barbara Peyton
    The answer to your question depends on the relativity of your earnings and the length of your marriage. If the two of you make almost the same amount, probably no spousal support. If not, probably spousal support. If you have been married for more than ten years, the "long term" marriage rule kicks in and you will be looking at paying spousal for at least one-half the length of the marriage. You should meet in person with an attorney for an actual consultation to go through all the issues of your case.
    Answer Applies to: California
    Replied: 6/14/2012
    Jane Phillipson Wilson, Attorney at Law
    Jane Phillipson Wilson, Attorney at Law | Jane Phillipson Wilson
    It depends on a variety of factors.
    Answer Applies to: Michigan
    Replied: 6/14/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Possibly, depending on details we don't have (what state you are in, whether you have children, your respective incomes, who slept with whom, length of marriage). Your results will be best with legal counsel.
    Answer Applies to: Georgia
    Replied: 6/14/2012
    Bruce Plesser | Bruce Plesser
    The court decides.
    Answer Applies to: Florida
    Replied: 6/14/2012
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    If you mean will you have to pay alimony, it is hard to say. There are about thirteen factors the court must consider before awarding alimony. Among those factors are the length of the marriage, the ability to pay, the contribution of the parties, the amount of the equitable distribution and the education and earning capacity of the parties. Alimony comes in different forms, permanent, and term, and lump sum. You need to consult with counsel to evaluate the facts of your case.
    Answer Applies to: New Jersey
    Replied: 6/14/2012
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