If you have been seperated for over 10 yrs do you have to pay your spouse a certain amount and why? 12 Answers as of June 25, 2015

I have been told by other people that I would have to pay my spouse the amount that she asks for. We have been living apart for over 10 yrs and she said something to the effect that she would like to get $200 a month. Can she ask for that and will I have to pay it to her?

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Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
She can ask for anything. More information is needed to determine what she deserves.
Answer Applies to: California
Replied: 6/25/2015
S. Joseph Schramm | Joseph Schramm
If you are still married both you and your spouse can, in theory, seek spousal support from the other spouse. Whether either one of you would receive it and, if so, how much, is another question that would depend on the facts involved, including the relative financial conditions and needs of each party.
Answer Applies to: Pennsylvania
Replied: 6/25/2015
Law Office of Martin A. Kahan | Martin A. Kahan
Need more facts. Is there a legal separation filed with the courts? If not, she will need to file for that or a divorce and get a court order for support.
Answer Applies to: California
Replied: 6/25/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Just because one party wants something doesn't mean they get it. You don't say whether assets and liabilities were divided when you separated 10 years ago. That has to be done as part of the divorce. Whether or not she gets maintenance (alimony) is a question of her need and your ability to pay and each of your current situations and how assets were divided. Get a lawyer.
Answer Applies to: Washington
Replied: 6/24/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Spousal support is based upon a number of factors including length of the marriage and standard of living during the course of the marriage. More information is needed. Please meet with an experienced family law attorney to explore your legal options.
Answer Applies to: California
Replied: 6/24/2015
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    She can ask for anything she wants but that does note an it will be the formal result. You need to actually talk to an attorney about your assets and situation.
    Answer Applies to: New York
    Replied: 6/24/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    She can ask for the sun, the moon and the stars, but the Court does not have to give it to her. In Wisconsin, maintenance has two distinct goals: to help the lower-earning spouse 'rehabilitate' her- or himself in the employment market, and to maintain the spouse as close as possible to the standard of living the spouse enjoyed before the divorce. If you have been separated for 10 years, it is highly unlikely that her standard of living over mot of those ten years depended on your contributions to her living expenses. She is not likely to prevail on a demand for maintenance. She might, just possibly, get some short-term award of maintenance, but I wouldn't think that is very likely. You should really retain a skilled family law attorney to advise and represent you. It's almost always worth it. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 6/24/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Spousal support takes many facts into consideration, i.e. length of marriage, earnings of each spouse, length of separation, etc.. After 10 years of separation it is difficult to conclude that you would have to pay your spouse any monies, however, depending upon her income, a Judge might require you to pay spousal support for a specific amount of time (years). It may be less expensive for you to offer her to pay the $200 a month, but limit the time over which you would have to pay, than to pay an attorney to fight it for you. Good luck.
    Answer Applies to: Florida
    Replied: 6/24/2015
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    The fact that you have already been separately that long is interesting. If your spouse has been self-supporting for that long she may not be able to get spousal support. However, there are many factors and the Court will look at her needs and your ability to pay. Depending on your earnings you may want to pay the $200 if the possible outcomes are worse. You should consult with a lawyer about your case before making a decision.
    Answer Applies to: California
    Replied: 6/24/2015
    Law Office of Robert E McCall | Robert McCall
    She can ask for iced water in Hades but someone else makes the decision. Here the Judge makes the decision, it the parties have been separated for 10 plus years very doubtful anyone pays alimony. Water cooler law at it's finest.
    Answer Applies to: Florida
    Replied: 6/24/2015
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    If you have been living apart for 10 years any divorce will be likely to be a status quo.. e.g. neither will pay spousal support and the assets in each other's possession and control will stay in each others possession and control.. There are no guarantees though.
    Answer Applies to: Michigan
    Replied: 6/24/2015
    Law Office of Darin Kanfer | Darin J. Kanfer
    She can ask for anything she wants. That does not necessarily mean a judge will give it to her. You can give it to her if you want want as part of a total settlement, but you may not be required to.
    Answer Applies to: Michigan
    Replied: 6/24/2015
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