QUESTION

Am I entitled to alimony if I have been married for 15 years and have 2 kids with my husband?

Asked on Jan 05th, 2014 on Divorce - Michigan
More details to this question:
He left me a year and half ago and was cheating. I have made every effort to work things out with him but he keeps living the same lifestyle and cheating but lying about it. I work but he makes more money than I do. I helped him complete his education to obtain the job he has now.
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9 ANSWERS

Yes, support is available for long term spouses His behavior is irrelevant but the difference in incomes and your assisting in his education are not. You should consult a family law attorney or facilitator to assist you with the paperwork.
Answered on Jan 09th, 2014 at 11:55 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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spousal support is based on need vs. ability to pay. If you have the ability to work you will be asked to seek work while a temporary spousal support order is put in place. This is only true, however, if he has sufficient income to pay spousal support. It doesn't matter if he cheated. California is a no fault divorce state. The only factors the court considers on spousal support are basically need vs. ability to pay. I strongly suggest you meet with a family law attorney in your community to make sure your rights are protected.
Answered on Jan 08th, 2014 at 12:51 PM

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Personal Injury Attorney serving San Antonio, TX at Law Offices of James P. Peterson
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You might be entitled to alimony, but the longer you wait, the harder that becomes. Alimony is based upon need. Has he been supporting you and the children since he left. If so then the alimony claim is stronger. If not then the case becomes much harder because you have gotten along with out it for so long.
Answered on Jan 08th, 2014 at 12:47 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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No alimony in Idaho. You might get some spousal support, but you need to talk with a local family law attorney about it.
Answered on Jan 08th, 2014 at 12:44 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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In Nebraska, alimony is based on several factors, including length of marriage (yours would qualify as a long term marriage), lifestyle, contribution to the marriage, including raising children, and need for rehabilitation. If his earnings are substantially more than yours, it would sound like you would qualify.
Answered on Jan 08th, 2014 at 12:37 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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Probably, for reasons that should be come clear as you read the rest of this answer to your question. The reason I say probably is because you need to understand how the question of whether to award alimony is approached. Start with subsection 8 of Section 30-3-35 of the Utah Code. I highlight in red below what is most crucial in the court's analysis: (8) (a) The court shall consider at least the following factors in determining alimony: (i) the financial condition and needs of the recipient spouse; (ii) the recipient's earning capacity or ability to produce income; (iii) the ability of the payor spouse to provide support; (iv) the length of the marriage; (v) whether the recipient spouse has custody of minor children requiring support; (vi) whether the recipient spouse worked in a business owned or operated by the payor spouse; and (vii) whether the recipient spouse directly contributed to any increase in the payor spouse's skill by paying for education received by the payor spouse or enabling the payor spouse to attend school during the marriage. (b) The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. (c) "Fault" means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: (i) engaging in sexual relations with a person other than the party's spouse; (ii) knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children; (iii) knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or (iv) substantially undermining the financial stability of the other party or the minor children. (d) The court may, when fault is at issue, close the proceedings and seal the court records. (e) As a general rule, the court should look to the standard of living, existing at the time of separation, in determining alimony in accordance with Subsection (8)(a). However, the court shall consider all relevant facts and equitable principles and may, in its discretion, base alimony on the standard of living that existed at the time of trial. In marriages of short duration, when no children have been conceived or born during the marriage, the court may consider the standard of living that existed at the time of the marriage. (f) The court may, under appropriate circumstances, attempt to equalize the parties' respective standards of living. (g) When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, that change shall be considered in dividing the marital property and in determining the amount of alimony. If one spouse's earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court may make a compensating adjustment in dividing the marital property and awarding alimony. (h) In determining alimony when a marriage of short duration dissolves, and no children have been conceived or born during the marriage, the court may consider restoring each party to the condition which existed at the time of the marriage. (i) (i) The court has continuing jurisdiction to make substantive changes and new orders regarding alimony based on a substantial material change in circumstances not foreseeable at the time of the divorce. (ii) The court may not modify alimony or issue a new order for alimony to address needs of the recipient that did not exist at the time the decree was entered, unless the court finds extenuating circumstances that justify that action. (iii) In determining alimony, the income of any subsequent spouse of the
Answered on Jan 08th, 2014 at 12:36 PM

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There are several factors that are considered for alimony. Some of those are income by each party, life style during the marriage compared with current life style. Have you considered Mediation? Mediation is Fast, Effective and Affordable. Both of you would have to agree to mediate, however, that could be of benefit to both. Good luck.
Answered on Jan 08th, 2014 at 12:33 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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There is no entitlement to alimony in Florida. The decision is always up to the Judge.
Answered on Jan 08th, 2014 at 12:32 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You have a claim and a good possibility for at least some alimony. User an attorney. Stop kidding yourself, leopards do not change their spots.
Answered on Jan 08th, 2014 at 12:30 PM

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