How do I know if I am entitled to alimony or maintenance from my ex husband? 14 Answers as of April 01, 2013

After taxes and insurance, my husband makes $3400.00 per month. After taxes and insurance, I make about $900.00 per month. How do I qualify for alimony or maintenance from my husband in our divorce?

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David M. Axinn, Attorney at Law
David M. Axinn, Attorney at Law | David Axinn
The Divorce law has a list of factors which are considered in determining alimony. The disparity in income you mention is one significant factor in your favor. The court also considers things including the circumstances of the separation, any assets owned by the parties, age, health, and the length of the marriage. You should sit down with a lawyer to discuss this. Be aware that you must file a claim for alimony before a final divorce decree is entered.
Answer Applies to: Pennsylvania
Replied: 4/1/2013
Rebecca Rainwater
Rebecca Rainwater | Rebecca Rainwater
Look at family code 4320 below In ordering spousal support under this part, the court shall consider all of the following circumstances: (a)The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: (1)The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment. (2)The extent to which the supported party?s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties. (b)The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party. (c)The ability of the supporting party to pay spousal support, taking into account the supporting party?s earning capacity, earned and unearned income, assets, and standard of living. (d)The needs of each party based on the standard of living established during the marriage. (e)The obligations and assets, including the separate property, of each party. (f)The duration of the marriage. (g)The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party. (h)The age and health of the parties. (i)Documented evidence of any history of domestic violence, as defined in Section 6211, between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party. (j)The immediate and specific tax consequences to each party. (k)The balance of the hardships to each party. (l)The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a ?reasonable period of time? for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court?s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties. (m)The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4325. (n)Any other factors the court determines are just and equitable. Generally you must demonstrate a financial need and the other spouse must have the ability to pay. The other factor is how long you were married. Generally the rule of thumb is support, if ordered, will last for half the length of the marriage unless you were married 10 or more years.
Answer Applies to: California
Replied: 4/1/2013
Fran Brochstein
Fran Brochstein | Fran Brochstein
Based on your facts it is impossible to answer. In the State of Texas, most spousal maintenance claims are based on the length of the marriage or spousal physical abuse. You need to talk to a family law attorney in your county.
Answer Applies to: Texas
Replied: 4/1/2013
Carey and Leisure | John Smitten
There is a divergence in income so you would qualify. Need more information.
Answer Applies to: Florida
Replied: 4/1/2013
Gilbert Law Office PLLC
Gilbert Law Office PLLC | Matthew J Gilbert
Alimony is based upon ability to pay and need. Depending on your ex husband's necessary living expenses, he may not have sufficient funds to pay you alimony.
Answer Applies to: Minnesota
Replied: 4/1/2013
    The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
    There are several factors involved in the determination of an award of spousal maintenance. You can find those factors in the statutes, see A.R.S. section 25-319 at http://azleg.gov/FormatDocument.asp?inDoc=/ars/25/00319.htm&Title=25&DocType=ARS Of course, there is no substitute for speaking with an experienced Family Law attorney to discuss these types of issues.
    Answer Applies to: Arizona
    Replied: 3/29/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    In Nevada, alimony is determined pursuant to NRS 125.150. NRS 125.150(1)(a) states that when granting a divorce, the district court may make an award of alimony, including a lump-sum award, "as appears just and equitable." In making this determination, this court has stated that "[m]uch depends on the particular facts of each individual case." Forrest v. Forrest, 99 Nev. 602, 606, 668 P.2d 275, 278 (1983). There are seven factors to guide district courts in making alimony determinations. The factors a district court should evaluate include: (1) the career of the wife before marriage, (2) the duration of the marriage, (3) the education level of the husband during the marriage, (4) the marketability of the wife, (5) the ability of the wife to support herself, (6) whether the wife stayed home to care for the children, and (7) what the wife was awarded besides alimony and child support. Sprenger v. Sprenger, 110 Nev. 855, 859, 878 P.2d 284, 287 (1994).
    Answer Applies to: Nevada
    Replied: 3/29/2013
    Law Office of James L. Miller
    Law Office of James L. Miller | James Miller
    Look at Family Code 4320 (Determination of Amount Due for Support; Consideration) for the circumstances the court considers when making a spousal support award.
    Answer Applies to: California
    Replied: 3/29/2013
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    In Michigan, the court will look at several factors to determine spousal support. This includes length of marriage and difference in incomes. Consult with an attorney to discuss this matter further along with all divorce issues.
    Answer Applies to: Michigan
    Replied: 3/29/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    There are lots of factors apart from income. See an attorney for advice.
    Answer Applies to: California
    Replied: 3/29/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This depends on the law of the State you live in. Before you do anything, talk to a divorce lawyer. And do that soon.
    Answer Applies to: New Jersey
    Replied: 3/29/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    That's not enough information on which to base a judgment. You should discuss your situation in detail with a local divorce attorney.
    Answer Applies to: New York
    Replied: 3/29/2013
    The Martin Law Group
    The Martin Law Group | Yolvondra Martin-Brown
    To qualify for alimony depends on a lot of factors including the length of the marriage, the disparity of income, the reason for the divorce and many other factors. More courts and juries are less likely to award alimony, however, depending on the circumstances you may be eligible. Additionally, based on the disparity in income, you can request temporary alimony to assist your legal defense. The best way to determine if you are eligible is to schedule a consultation with an attorney to give the specific facts of your case.
    Answer Applies to: Georgia
    Replied: 3/29/2013
    Shur Law Co., LPA
    Shur Law Co., LPA | Tonya VanBenschoten
    In Ohio, it is referred to as spousal support. There is no set "calculator" as there is for child support. There are a number of factors to be considered including: length of marriage, contributions of each spouse, incomes of both spouses, education, and various other things. Consult with a local family law attorney to help you negotiate in your best interest.
    Answer Applies to: Ohio
    Replied: 3/29/2013
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