How does the length of the marriage affect spousal support? 16 Answers as of May 26, 2015

How does the length of the marriage affect spousal support? I am wondering about my retirement and property from a marriage that lasted 3 years.

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
The length of the marriage is one of about a dozen factors which a court must consider when awarding spousal support: the longer the marriage the more likely that the requesting spouse is entitled to support. A three-year marriage is regarded by nearly all courts as a 'short' marriage. The requesting spouse would have to make an awfully strong case for maintenance to get any. Find a good marital lawyer. Good Luck.
Answer Applies to: Wisconsin
Replied: 5/26/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
The length of the marriage is one of the considerations in determining spousal support. Retirement and other property accumulated during the marriage has only a small bearing on the determination of spousal support while the divorce is pending. Anything earned/acquired during the marriage (including retirement since that is earnings in another form) is community property and will be divided.
Answer Applies to: Washington
Replied: 5/26/2015
Ankerholz and Smith
Ankerholz and Smith | Rian F. Ankerholz
In Kansas, the length of the marriage can affect the duration of maintenance a spouse may expect to pay or receive. Some Kansas counties have general Guidelines that attorneys can use to advise their clients. Shorter marriages may prompt little or no spousal maintenance. Remember that spousal maintenance is never a guarantee; the trial judge will always look at the parties' respective financial needs and ability to pay. Consult an experienced family law attorney in your area. We are here to help.
Answer Applies to: Kansas
Replied: 5/26/2015
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
For a three year marriage it should not be necessary.
Answer Applies to: Georgia
Replied: 5/26/2015
The Palme Law Firm, P.A. | Steve Palme
It depends on the circumstances, but with the exception of very long term marriages (20+ years), a good rule of thumb for an alimony duration is about ? the length of the marriage. There are no rules about this or guidelines like there are with child support, however, so it does depend on the circumstances with each individual case. Also, the retirement and property are not part of spousal support. Those items are part of equitable distribution and that is separate from support issues.
Answer Applies to: North Carolina
Replied: 5/26/2015
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    the longer the marriage the more likely spousal support will be awarded in Michigan unless there have been substantial changes in circumstances a marriage that lasts 3 years should not give spousal support.
    Answer Applies to: Michigan
    Replied: 5/26/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    The longer the marriage the longer and higher the spousal support. Your 3 year marriage is considered a short term marriage and spousal support, if any, will be limited in amount and time. Good luck.
    Answer Applies to: Florida
    Replied: 5/26/2015
    Law Office of Robert E McCall | Robert McCall
    This question is too complicated to answer here, you really need an attorney for one-on-one advice.
    Answer Applies to: Florida
    Replied: 5/26/2015
    The Houser Law Firm, P.C.
    The Houser Law Firm, P.C. | A. Bowden Houser
    In NC, there are several factors that affect spousal support but the general rule is - the longer you are married, the more likely it is you may be required to pay spousal support and usually the amounts are larger the longer you are married.
    Answer Applies to: North Carolina
    Replied: 5/26/2015
    The Gufford Law Firm, P.A.
    The Gufford Law Firm, P.A. | Joseph Gufford
    The length of the marriage is one of the primary factors that judges look at along with need and ability pay. The are other factors under the statute as well, but those are the big 3. Therefore, unless there is something extraordinary about your situation, alimony would not be one that I would be too concerned about. As to your retirement and property, that is an equitable distribution issue. If you had your those items prior to marriage and did not mix those assets by putting her name on them, they would probably be considered to be non-marital in nature To the extent that all or any portion of them were earned during the marriage (like perhaps your retirement),she would only be entitled to of the marital portion.
    Answer Applies to: Florida
    Replied: 5/26/2015
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-0961 Well your length of marriage will be determined when your marriage ends and not now. A three year marriage would get you about 3.5 months of maintenance and only if it was determined that maintenance is appropriate according to the facts of the case. You may or may not get any. You could get a portion of the marital assets. Go talk to a divorce lawyer because your question is too broad to answer in this online forum.
    Answer Applies to: Illinois
    Replied: 5/25/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Generally spousal support is to terminate after 1/2 of the length of marriage before separation. Beyond that, your situation is too abstract to address.
    Answer Applies to: California
    Replied: 5/25/2015
    Diane l. Berger | Diane L. Berger
    That is generally considered a shirt term marriage and if there is spousal support it would be for a very short period of time.
    Answer Applies to: Nebraska
    Replied: 5/25/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    A three year marriage will support very little if any spousal support. Accumulation in pensions and increases in property values during the marriage are property and generally divisible. See an attorney.
    Answer Applies to: Michigan
    Replied: 5/25/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Any property and retirement you had before marriage remains your separate property. The length of your marriage is relatively short so should be the duration of spousal support.
    Answer Applies to: California
    Replied: 5/25/2015
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    While length of the marriage is certainly one of the factors in deterring spousal support, it is not the only factor. You should have an in person consultation with a family law attorney do they can advise you competently after getting all of the relevant facts, as this is too general of a question and too fact-specific to be answered in this forum.
    Answer Applies to: Georgia
    Replied: 5/25/2015
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