Is someone in the Army gets a divorce, will they have to pay a lot of spousal support? 17 Answers as of January 18, 2011

My friend thinking of divorcing his wife but he is scared that she will get everything. He is in army and she works at a factory. They got married August 14 2006. She is verbally mean and she has used weed. They have 3 cars. If he files for divorce will he have to pay her support?

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Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
In California, spousal support depends on the amount of income each spouse has at the time of the divorce. Temporary spousal support, intended to maintain the status quo while the divorce proceeds, is computed by taking 40% of the net (after tax and child support) income of the higher earning spouse and offsetting 50% of the income of the lower earning spouse. Permanent spousal support is set by the judge in his or her discretion, taking into account a laundry list of factors, including income, age, education, unemployment periods for domestic reasons, standard of living during the marriage, and others. If the parties have more or less equal income and the marriage is of a short term, such as the one you ask about, there is very little likelihood that permanent spousal support would be ordered, and if the marriage is of less than 10 years it is very likely that, if there were support ordered, it would be ordered for only half the duration of the marriage.
Answer Applies to: California
Replied: 1/18/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Being in the Army has no significance one way or the other. If spousal support (alimony or spousal maintenance) is justified, he will have to pay it. Whether or not it is justified depends on a correct assessment of all the facts and circumstances. With such a short term marriage and the wife's apparent ability to continue appropriate employment, it is not likely that he would have to pay very much in support, if any, or for any long period of time. But, the actual facts must be considered. He should consult an attorney who can review all the specific circumstances and attempt to provide a more realistic assessment of the possibilities.
Answer Applies to: Colorado
Replied: 1/17/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
It depends on how much money he makes and how much money she makes.
Answer Applies to: California
Replied: 1/17/2011
Law Office of Martin Blank
Law Office of Martin Blank | Martin E. Blank
Whether or not Spousal Support is ordered by a judge will depend on the judge and the circumstances. Generally, it is not granted in short term marriages. The Judge should consider the following:

1) Past relationsand conduct of the parties (fault)
2) Length of themarriage
3) Ability of the parties to work and their respective incomes
4) Source andamount of property awarded to the parties
5) Ability of theparties to pay spousal support
6) Presentsituation of the parties
7) Needs of theparties
8) Health of theparties
9) Prior standardof living of the parties and whether either is responsible for the support ofothers
10) Age andeducational level of the person claiming spousal support
11) Cohabitation with another and the effect on expenses / need
Answer Applies to: Michigan
Replied: 1/17/2011
Law Office of Tim W. Avery
Law Office of Tim W. Avery | Tim W. Avery
Possibly temporary support while the divorce is pending but not support after the divorce is final since they have only been married for four years.
Answer Applies to: Texas
Replied: 1/16/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    It is hard to say without knowing more facts; but in general it is a relatively short marriage so even if alimony were ordered it would probably be for a limited period of time. If you have any further questions please let us know.
    Answer Applies to: Connecticut
    Replied: 1/16/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Being the Army does not, in and of itself, mean that your friend will have to pay high spousal support. Spousal support is calculated based upon a an equation found in the Family Code, and generally derived by the Court from the use of one of two computer programs. Children and child support calculate matters, but since you only inquired about spousal support, the general comparison is how much each of them earns. You did not state your friend's rank.The wife probably does not earn that much in the factory, if she is not management or skilled,technical labor. Fortunately, they were not married for long, as the underearning spouse can generally collect for approximately half of the length of the marriage. She will only collect spousal support, if she does at all, for about two years.
    Answer Applies to: California
    Replied: 1/15/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Whether or not he will have to pay support to his wife depends on their respective incomes. If their respective incomes are substantially similar, it is unlikely that he'll have to pay support to her. On the other hand, if he makes 50% more than his wife, or more, he may have to pay support to her. The length of his support obligation is dependent upon the length of the parties' marriage - if under 10 years, if he is ordered to pay support to his wife, the duration of the obligation will likely be 1/2 the length of the marriage. If the marriage was over 10 years, if he has a support obligation, it could be until his wife's death or remarriage.
    Answer Applies to: California
    Replied: 1/15/2011
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    It is a possibility, but there are arguments for why it shouldn't be paid or why it should not be too much or for a long period of time.
    Answer Applies to: New Hampshire
    Replied: 1/15/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    In Florida spousal support is determined by a number of factors such as length of marriage, the spouse's need for support and the other spouse's ability to pay.
    Answer Applies to: Florida
    Replied: 1/15/2011
    Kaczmarek Law Firm, LLC
    Kaczmarek Law Firm, LLC | Bridgette D. Kaczmarek
    Generally, your friend will have to pay temporary spousal maintenance but probably not permanent spousal maintenance. Anyone can receive temporary maintenance. All you have to show is a financial need. Temporary is paid from the date of temporary orders until the date the final decree is entered. Permanent maintenance is paid anytime after final decree is entered.

    For the most part, it is paid in cases where the parties were married for an extended period of time (more than 10 years or so) and if a party is disabled or they have a disabled child. It also goes by the income of the parties. It sounds like your friend may have to pay temporary maintenance but not really permanent maintenance based on the length of marriage. I don't want to say for certain because so many things hinge on whether he will pay permanent maintenance, but it sounds unlikely.
    Answer Applies to: Colorado
    Replied: 1/14/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    His status as an active military man doesn't impact support . I would be happy to run a calculation for your friend. Please have him contact me for a free consultation.
    Answer Applies to: California
    Replied: 1/14/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    If he makes substantially more money than she does, he will likely pay her some support for about half the length of the marriage. He should call an attorney and get the facts before he chooses a plan of action.
    Answer Applies to: California
    Replied: 1/14/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    There is not enough information to determine what. If any, amount of spousal support may be at issue. As far as the cars and any other marital property, Georgia courts will look to make an equitable division of the marital property. "Equitable" does not mean "equal." Rather, "equitable" is a standard of fairness. Your friend can contact my office for a consultation and general advice based on his specific circumstances.
    Answer Applies to: Georgia
    Replied: 1/14/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    There is insufficient information in your question to properly answer it. There are various factors that go into determining the amount of temporary and long term support. Your "friend" needs to sit down with a family law lawyer to do some calculations.

    Notwithstanding the above, the notion that a spouse will "get everything" is not realistic, and thus no fear should be based on such unrealistic notion. Again, have your friend sit down with a local family law lawyer to discuss his case, including his options and the best strategy to resolve his marriage dissolution.
    Answer Applies to: California
    Replied: 1/14/2011
    Pisarra and Grist
    Pisarra and Grist | David T. Pisarra
    Support is calculated by many factors. It all depends on much he makes and she makes. But even if he has to pay it, better to get out now and pay for a short time than to wait and have to pay for a longer time and probably more as he rises in the ranks.
    Answer Applies to: California
    Replied: 1/14/2011
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