Will my ex spouse be entitled to financial support? 33 Answers as of August 08, 2011

If my wife files for divorce (she found someone else, mid life crisis) and we are both nurses and CAN make the same amount, but she chooses to work part time and even though she said she would go back to work full time but never did is she entitled to financial support?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
It depends on her circumstances (and yours). Spousal support is primarily based on one spouses need and the other spouses ability to pay.
Answer Applies to: Washington
Replied: 8/5/2011
Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
There are a list of factors to be considered by the court for awarding spousal support. Consult with an attorney versed in Matrimonial law in your area for full details.
Answer Applies to: Rhode Island
Replied: 8/3/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
Given the education, degrees, ability to work, similar income potentials, this may not be a case for any spousal support.
Answer Applies to: Wisconsin
Replied: 8/3/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
In this type of case the solution is to prove by admissible evidence the fact that more work is available,thus more income, and that the spouse is purposefully avoiding earning to her capacity. Additionally we must be prepared to rebut any excuses she may have. Then, make a case for the court to impute the available income to the evading spouse and use total income that could be earned as the income available for the purpose of awarding (or not awarding) spousal support. There are other criteria to litigate other than just income; however, in the balancing of ability to pay with need for support, a creative lawyer can be of a great benefit to either obtain support on the one hand, or lessen support on the other hand.
Answer Applies to: California
Replied: 8/3/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
More information is required to give an informed response. This is a matter that needs to be discussed in person
Answer Applies to: Michigan
Replied: 8/3/2011
    Fredric H. Aaron, Attorney at Law, P.C.
    Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
    Your wife is entitled to apply for spousal maintenance from you (maintenance is New York State's terminology for alimony). However, if you are able to show that she works and has the ability to earn the same amount as you, then it may be difficult for her to win. In the event that your wife files for divorce, you should consult with and retain an experienced matrimonial attorney to assist you.
    Answer Applies to: New York
    Replied: 8/2/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    That is based on the number of years that you have been married and who she was not working full or part time, if it was to rear children by agreement between the two of you, then she may be entitled to some compensation.
    Answer Applies to: Alabama
    Replied: 8/2/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer to your question would require a full review of the case and all facts including the length of the marriage, the earning capacity and work history of the parties, the age and health of the parties, the division of marital assets and more. Based on the limited information provided, spousal support of any length would appear unlikely.
    Answer Applies to: Minnesota
    Replied: 8/2/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    There are several factors which the court will look at in awarding support. One factor would be the length of marriage, another would be the amount of time since your wife had full time work. The court will consider both your incomes as well as her earning capacity and available work. Her affair has no bearing on whether she receives support.
    Answer Applies to: California
    Replied: 8/2/2011
    Law Office of Aubrey Srednicki
    Law Office of Aubrey Srednicki | Aubrey Srednicki
    Spousal maintenance is an area of the law that can vary widely. It is important that parties involved in a dissolution discuss the specific facts and circumstances of their case with a skilled attorney. Currently, Arizona Revised Statutes, Section 25-319, provides (in part) as follows: The court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance: 1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs. 2. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient. 3. Contributed to the educational opportunities of the other spouse. 4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient. If the party is able to prove one of the above grounds, the Court shall then consider all relevant factors to determine to amount and duration of spousal maintenance which is appropriate in that specific case including, but not limited to, the following (A.R.S. 25-319(B)): 1. The standard of living established during the marriage. 2. The duration of the marriage. 3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance. 4. The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse seeking maintenance. 5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market. 6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse. 7. The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse. 8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children. 9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse's ability to meet that spouse's own needs independently. 10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available. 11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. 12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved. 13. All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim.

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    Answer Applies to: Arizona
    Replied: 8/2/2011
    Law Offices Of James C Wing Jr.
    Law Offices Of James C Wing Jr. | James C. Wing, Jr.
    The critical issue is earning capacity. Parties can decide to be underemployed, but orders should be based on full capacity, unless there is proof that in this economy the hours are not available. This is a general impression. Consult a lawyer for advice on your particular circumstances. Relying on this suggestion, which is based on very limited information, could be trouble. Many lawyers, me included, offer a free consultation. Get one. S
    Answer Applies to: Connecticut
    Replied: 8/2/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    In Georgia, if the divorce was the result of adultery, the adultery acts as a bar to alimony. There is no absolute right to financial support for a spouse. An award of alimony is dependent on a variety of factors, including one's ability to find gainful employment. Thus, if the Court believes that one party has the ability to go back to work but chooses not to do so, the Court could choose to not award alimony.
    Answer Applies to: Georgia
    Replied: 8/2/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    If you both can earn the same, and there is nothing else involved (there are a couple of things to talk about in this topic) then she should not get alimony from you. child support is a different issue, completely separate. I can help you with this. And I will tell you up front what it will cost to do this for you. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 8/2/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    There are a number of factors that the court is supposed to consider in awarding maintenance. Some of those factors are: the duration of the marriage, the age of the parties, the health of the parties, the education of the parties, the work history of the parties, and the employment prospects of the parties. Given that you are both nurses, with similar earning abilities, then I would think that there would be very little if any maintenance ordered. There could be a small amount of very temporary maintenance ordered to give your spouse time to transition from working part time to working full time, but I cannot imagine that there would be much more than that.
    Answer Applies to: Washington
    Replied: 8/8/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you retain a divorce attorney as soon as possible to discuss and explore your rights and options, including the potential impact of adultery, if proven, on the issue of alimony. Good luck!
    Answer Applies to: Georgia
    Replied: 8/2/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    Your Wife may have a claim for post-separation support and/or alimony; however, it appears that you have good arguments to defend such a claim. Consult with an attorney to discuss a potential settlement and waiver of support claims.
    Answer Applies to: North Carolina
    Replied: 8/2/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    The subject is "voluntary under-employment." Always very fact-specific, whether the case could be made out requires a skilled evaluation by competent Family law counsel.
    Answer Applies to: Nevada
    Replied: 8/2/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Much more information would need to be known prior to answering your question: Such as the length of the marriage, are there any minor children, how long has it been since she worked full time, are there positions readily available for her on a full time basis, etc. etc. Most likely the answer is that you may be required to pay temporary or short term support to assist her with the transition, but permanent alimony would be doubtful. However, as stated, more information is needed to be known. I would suggest speaking with a family law attorney who practices in the county where you reside in order to better explore your potential rights and options. If your existing or potential case is in or near the Central Florida area (Orange, Seminole, Volusia, Lake, Sumter, Marion, and nearby counties), I would be more than happy to speak with you. My office offers free initial telephone consultations, during which we can discuss your matter in more detail, as well as explore the potential rights and options available.
    Answer Applies to: Florida
    Replied: 8/2/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    That is going to depend on which judge you end up with and a number of factors such as what was the standard during the time you were married and how easy it would be for your ex to pick up those additional hours. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/2/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Based on the information provided, your wife will most likely NOT be entitled to alimony. The primary reason is that she has the *ability* to earn enough money to support herself. Additionally, if she left you for someone else, that is another strike against her (behavior of the parties is a factor) - unless you "drove her into the arms of another" with physical abuse, etc. If you have children together, that is a completely different issue.
    Answer Applies to: Massachusetts
    Replied: 8/2/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Your question cannot be answered without much more information about the overall financial situation, including living expenses and debts arising from the need to establish separate households. There are no fixed rules, but the basic principle begins with answering the question as to whether your wife is capable of meeting all her reasonable needs through appropriate employment. If she cannot, the question moves to whether or not you can meet all your reasonable needs and still afford to pay maintenance. For the purpose of that analysis she will not be permitted to remain employed only part time unless there is some reason she cannot work full time (other than her personal preference). Because it may not be reasonable to expect her to immediately resume full time employment, a court may conclude that a brief period of temporary spousal support is appropriate.
    Answer Applies to: Colorado
    Replied: 8/2/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Maybe. Spousal support is based upon a number of factors, and even varies from county to county. The court may take into account as one of the factors that she has the ability to work full time but chooses not to. It may also consider mitigating factors such as caring for children and the duration she was a stay at home mother. Please discuss your concerns with a domestic relations attorney near you.
    Answer Applies to: Ohio
    Replied: 8/2/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Couldn't say on these few paltry facts.
    Answer Applies to: Virginia
    Replied: 8/2/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    I suggest you look up California Family Code section 4320, which sets forth the factors a court will consider to determine whether, and how much (and how long) spousal support should be paid by one spouse to the other. Then, call a local family law lawyer to discuss the particular facts of your case. During such discussion, a more thorough analysis of the issue can be done.
    Answer Applies to: California
    Replied: 8/2/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    This depends on many other circumstances including commitments made during the marriage
    Answer Applies to: Florida
    Replied: 8/2/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    There are a lot of variables that go in to determining if one spouse is entitled to maintenance (alimony) or not. Generally speaking, though, if both parties have the same income potential, then neither party would receive spousal support from the other.
    Answer Applies to: Illinois
    Replied: 8/1/2011
    Law Offices of Sheryl S. Graf
    Law Offices of Sheryl S. Graf | Sheryl S. Graf
    The court may order a party to pay for the support of the other party in an amount, for a period of time, that the court determines is just and reasonable based on twelve statutory factors. Largely, an award of spousal support is based on the supporting spouse's ability to pay and the supported spouse's financial need. Each party must make good faith efforts to become self-supporting, unless the supported party is incapable because of age, health, etc. Income may be imputed to a party where it can be shown that jobs are available and that person is qualified for those jobs. In other words, if a spouse is "sitting on his/her hands" refusing to work, then the court may impute income based on earning ability. If ability cannot be proven, then the court will typically look at the actual income of a party. If the marriage length is less than 10 years, the supported spouse is presumed to be self-supporting after a period of time equal to one-half of the length of the marriage, but support may be ordered for a shorter or longer period depending on the circumstances of the parties. The facts and the equities in one case may call for no spousal support, or for very short-term support for the purpose of financially assisting one spouse in the transition to single status or until the proceeds from an ordered property division or sale can be received. Another case may call for long-term spousal support to provide financial assistance to the supported spouse until death because the supported spouse is not able to generate income from employment or assets in an amount sufficient to provide for reasonable living expenses. In between, are the myriad of factual circumstances which the court must consider in making its order. Because there is so much at stake, you should seek prompt legal advice from an experienced attorney who can evaluate your particular circumstances and make a recommendation on how to proceed. The information presented here is general in nature and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.
    Answer Applies to: California
    Replied: 8/2/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law that is up to the court to decide. However, if she has the ability to make the same income as you, it seems unlikely that a court would award her support for more than a very short period (to give her time to move to full time).
    Answer Applies to: Washington
    Replied: 8/2/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    She might. If she cohabits with this other person you can ask that the support be suspended reduced or terminated.
    Answer Applies to: Connecticut
    Replied: 8/1/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    There is considerably more information that would be needed to answer your question. I would be happy to discuss the details with you should you desire. In general, it is possible that she can get additional financial support from you.
    Answer Applies to: Connecticut
    Replied: 8/2/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    This will depend upon many additional factors beyond what you have provided. Each of you will prepare an income and expense declaration and your lawyers will meet and confer and try to reach an agreement as to all financial matters.
    Answer Applies to: California
    Replied: 8/1/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    There is no way to predict an outcome in advance, but a good lawyer may be able to prove her relationship in court and use it properly to avoid alimony.
    Answer Applies to: Georgia
    Replied: 8/1/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Spousal support is based upon earning capacity, not just income, so if she's currently capable of earning more than she's actually earning, you won't have to pay support.
    Answer Applies to: Oregon
    Replied: 8/1/2011
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