When does a woman qualify for spousal support? 27 Answers as of July 09, 2013

When does a woman qualify for spousal support?

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Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
When there is a disparity in incomes.
Answer Applies to: California
Replied: 6/25/2013
Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
An award of alimony is dependent on a variety of factors. There is no simple answer to that question. I suggest you contact a local divorce lawyer for a consultation on that issue.
Answer Applies to: Georgia
Replied: 8/31/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
There is a joint duty of support during a marriage and a spouse can request alimony from the other spouse in a divorce. Whether it will be granted depends on a number of factors.
Answer Applies to: Connecticut
Replied: 8/30/2011
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
Basically, if there is a higher earning spouse and a lower earning spouse during a marriage, then the lower earner (woman or man) will qualify for support. Temporary support (during the pendency of a dissloution) will be higher than long-term support. The general rule for the length of spousal support is 1/2 the length of the marriage; but, the timeframe can vary greatly. Spousal Support is based on many factors: consult an attorney for a more complete answer.
Answer Applies to: California
Replied: 8/30/2011
Goolsby Law Office
Goolsby Law Office | Richard Goolsby
We recommend you retain a divorce attorney concerning your rights, including a discussion of all the statutory factors concerning alimony. Good luck.
Answer Applies to: Georgia
Replied: 8/30/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    It depends on a lot of factors. You need to confer with an attorney.
    Answer Applies to: Michigan
    Replied: 7/9/2013
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    When she gets married and earns less than her spouse.
    Answer Applies to: California
    Replied: 8/30/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    As of today, the rule stands that the marriage must have lasted a minimum of 10 years or there must have been credible evidence of spousal abuse. This is the "gate keeping function". In other words, if you do not meet this criteria you can ask, but the court cannot give. Even if you get through the gate, there are other rules, the court may not give support beyond 3 years, and may not give more than 20% of the husband's net resources (income less single 1 taxes, cost of maintaining the job such as union dues, etc.) and even then the court must limit it to that amount of money that is necessary to meet the woman's minimum reasonable needs and limit in time to the period in which she would be able to meet her own reasonable minimum needs. Finally, in considering all this, the court must look at the assets the wife takes from the marriage and make adjustments (if you leave a marriage with enough assets that you can live comfortably for a couple years without working, you will get zero support).
    Answer Applies to: Texas
    Replied: 8/30/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    If she does not work and has not worked during the marriage and the marriage is more than ten years.
    Answer Applies to: Alabama
    Replied: 8/30/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    When she shows a need and the court finds it appropriate based on the numbers.
    Answer Applies to: Georgia
    Replied: 8/30/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Spousal support is governed by statute. There are about 15 factors the court should consider before awarding support. Please discuss your concerns with a domestic relations attorney.
    Answer Applies to: Ohio
    Replied: 8/30/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Spousal support (maintenance) depends on many factors. There is no formula. To see what a court considers look at my website.
    Answer Applies to: Washington
    Replied: 8/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There is no bright line rule. In order to determine whether spousal support may be payable, many factors must be considered including the age of the parties, the earning capacity, the length of the marriage, the ability to pay, their debts, their income producing assets, health of the parties and much more.
    Answer Applies to: Minnesota
    Replied: 8/29/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    A spouse may qualify for spousal support depending on many different circumstances. Here are a few: (I) The duration of the marriage; (ii) The age of the parties; (iii) The health of the parties, including their physical, mental and emotional condition; (iv) The standard of living established during the marriage; (v) The relative income and earning capacity of the parties, recognizing that the wage earner's continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property; (vi) A party's training and employment skills; (vii) A party's work experience; (viii) The financial needs and resources of each party; (ix) The tax consequences to each party; (x) A party's custodial and child support responsibilities; and (xi) Any other factors the court deems just and equitable. The court may order transitional spousal support to enable a party to attain the education and training necessary to allow that party to prepare for reentry into the job market or for advancement in the workforce. CONFIDENTIALITY STATEMENT This electronic message transmission contains information from Vincent J. Bernabei LLC. It is confidential and may be protected by the attorney/client privilege. If you have received it in error, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this electronic transmission in error, please notify the sender by reply and delete the message in its entirety.
    Answer Applies to: Oregon
    Replied: 8/29/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The simple answer is "when she is unable to meet her reasonable needs through appropriate employment AND her husband can meet his reasonable needs and still afford to pay spousal support." That is a very subjective judgment that requires a complete examination of all the relevant information and there are no simple, fixed rules.
    Answer Applies to: Colorado
    Replied: 8/29/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    Whether a woman or a man, spousal support (or maintenance) in Wisconsin is determined by looking at many factors - including age of the parties, incomes, contributions to marriage/income, length of marriage and other factors such as education levels, etc. Typically the length of the marriage and incomes of the parties are the first questions, and then other factors may or may not become relevant.
    Answer Applies to: Wisconsin
    Replied: 8/29/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    There are multiple factors that go into that determination, predominately legitimate need and ability to pay.
    Answer Applies to: Florida
    Replied: 8/29/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    At any time after a valid marriage. You get support for half the length of the marriage.
    Answer Applies to: California
    Replied: 8/29/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    The short answer is: "When she is separated and make less money that her spouse."
    Answer Applies to: Pennsylvania
    Replied: 8/29/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    There is no set guideline or formula for spousal support; however, the court will look at several factors mainly the length of the marriage and the income possibilities for each spouse. So, if you have been married for a fairly long time and your spouse makes a considerable income and you do not have a degree or experience in a field that would provide you with a large income, spousal support may be applicable.
    Answer Applies to: Illinois
    Replied: 8/29/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Unfortunately, there is no clear-cut "threshold" as to when a spouse becomes entitled to alimony. It will always depend on the circumstances of the particular case at hand. However, it is generally "in the cards" when there is a long-term marriage where one spouse stands to walk away with a lot of assets/income and the other spouse stands to walk away with relatively little, or none. I suggest speaking to a divorce attorney in much greater detail to get a better assessment of your situation. Best of luck.
    Answer Applies to: Massachusetts
    Replied: 8/29/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Whether a woman can get alimony from her ex-husband depends on many factors, and each case is treated individually. There are ten factors set out in the statute, and many court cases. The basic factors are 1. the woman's financial need; 2. the man's ability to pay and 3. the length of the marriage.
    Answer Applies to: New Jersey
    Replied: 8/29/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Spousal support will depend on need, ability to pay and the duration of the marriage amongst many other factors. The shorter the marriage and the less discrepancy between the incomes of the parties, the less of a chance there will be spousal support. I suggest you consult and experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options.
    Answer Applies to: Florida
    Replied: 8/29/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    RCW 26.09.090 Maintenance orders for either spouse or either domestic partner - Factors. (1) In a proceeding for dissolution of marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage or domestic partnership by a court which lacked personal jurisdiction over the absent spouse or absent domestic partner, the court may grant a maintenance order for either spouse or either domestic partner. The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to misconduct, after considering all relevant factors including but not limited to: (a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him or her, and his or her ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party; (b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances; (c) The standard of living established during the marriage or domestic partnership; (d) The duration of the marriage or domestic partnership; (e) The age, physical and emotional condition, and financial obligations of the spouse or domestic partner seeking maintenance; and (f) The ability of the spouse or domestic partner from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse or domestic partner seeking maintenance.
    Answer Applies to: Washington
    Replied: 8/29/2011
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