QUESTION

Am I entitled to divorce alimony?

Asked on Nov 05th, 2011 on Divorce - New Jersey
More details to this question:
My husband wants a divorce after being together 20 years and married for 8 of those years. Will I be entitled to get alimony?
Report Abuse

18 ANSWERS

Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
Update Your Profile
That depends upon the relative earnings of the parties.
Answered on Jul 03rd, 2013 at 2:26 AM

Report Abuse
Maybe. The court considers lots of things when awarding maintenance (alimony) in Washington.
Answered on Jun 02nd, 2013 at 10:07 PM

Report Abuse
Family Law Attorney serving Pasadena, CA at Law Offices of Paul P. Cheng
Update Your Profile
Yes.
Answered on Jun 02nd, 2013 at 10:03 PM

Report Abuse
Glen Edward Ashman
Maybe and maybe not depending on details we don't have. Discuss the details with your divorce lawyer.
Answered on Jun 02nd, 2013 at 10:01 PM

Report Abuse
James Albert Bordonaro
Maybe if you can assert a common law marriage prior to the ceremonial marriage. Alimony usually kicks in around 10 years but it depends on the man's assets and what kind of skill to find a job you've got already. You definitely need an attorney.
Answered on Nov 09th, 2011 at 8:24 AM

Report Abuse
Cohabitation Agreements Attorney serving Cincinnati, OH at Cathy R. Cook, Attorney at Law
Update Your Profile
You may be entitled to some spousal support. Unlike child support, there is no formula for spousal support in Ohio. Rather, the court examines a number of factors contained in a statute.
Answered on Nov 07th, 2011 at 11:40 PM

Report Abuse
No one is entitled to alimony. It is a matter of relative incomes, needs and other factors. You should talk to an attorney about the best way for you to get alimony.
Answered on Nov 07th, 2011 at 10:35 PM

Report Abuse
Family Law Attorney serving New York, NY
2 Awards
In order to decide whether you are entitled to maintenance or "alimony", there are a number of factors that the court considers: The Court must consider the standard of living of the parties that was established during marriage, the circumstances of the case and of the parties, whether the party who is getting the award lacks sufficient property and income to provide for his/her reasonable needs and whether the party paying the maintenance has sufficient property and income to provide for the others reasonable needs. Factors which must be considered in determining amount and duration are: i) The income and property of the respective parties including marital property distributed; ii) The duration of the marriage and the age and health of both parties; iii) The present and future earning capacity of both parties; iv) The ability of the party seeking maintenance to become self supporting and, if applicable, the period of time and training necessary therefor; v) Reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage; vi) The presence of children of the marriage in the respective homes of the parties; vii) The tax consequences to each party; viii) Contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party; ix) The wasteful dissipation of marital property by either spouse; x) Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and xi) Any other factor which the Court shall expressly find to be just and proper. Where permanent maintenance has been awarded, the recipient spouse has almost invariably been older and often in impaired health. Furthermore, the supporting spouse was in a far better financial condition. New York courts in awarding maintenance are very much concerned about the length of the marriage, the ages, health and earning capacity of the respective parties. The duration of maintenance is most apt to be permanent where it is a long-term marriage, and durational where it is a short-term marriage. The Legislature intended that the pre-divorce standard of living be a mandatory factor for the courts consideration in determining the amount and duration of the maintenance award, and that the court must consider the wife's pre-divorce standard of living.
Answered on Nov 07th, 2011 at 9:09 PM

Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com

Report Abuse
Steven D. Dunnings
Length of marriage, not length of cohabitation is considered. Hire an attorney.
Answered on Nov 07th, 2011 at 8:43 PM

Report Abuse
Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
Update Your Profile
You are entitled to ask for it. If you and your husband can't agree on whether he should pay alimony, or how much, or for how long, a judge will have to decide. In Colorado there is no simple formula and a judge will have to decide after hearing all the relevant facts and circumstances. That decision will start with a comparison of your needs against your husband's ability to pay.
Answered on Nov 07th, 2011 at 8:08 PM

Report Abuse
General Civil Trial Practice Attorney serving Beaverton, OR at Vincent J. Bernabei, LLC
Update Your Profile
Maybe. Here are some of the factors the court will consider in deciding whether to award spousal support. 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.
Answered on Nov 07th, 2011 at 7:10 PM

Report Abuse
General Practice Attorney serving Crystal Lake, IL at Bruning & Associates, P.C.
Update Your Profile
Yes. You will be entitled to spousal support also known as maintenance or alimony if your husband was the main bread winner during the marriage, and you need assistance to support yourself in a manner consistent with the standard of living achieved during the marriage.
Answered on Nov 07th, 2011 at 5:06 PM

Report Abuse
Business/ Commercial Attorney serving Seattle, WA at Wolfstone, Panchot & Bloch, P.S., Inc.
Update Your Profile
Alimony is called "Spousal Maintenance" under Washington law. The governing statue is RCW 26.09.090 which directs the court to consider the following factors in determining whether and to what extent maintenance shall be awarded. The length of the marriage is only one factor. 1.The financial resources of the party requesting maintenance after the divorce depending on other assets awarded, etc 2. The proposed vocational/educational plan of the party requesting maintenance 3.The standard of living established during the marriage 4. the duration of the marriage (the duration of the pre-marital relationship is not enumerated in the statute; but in my experience some judges will consider that as well) 5.The age, physical condition and emotional condition of the party requesting maintenance 6. The financial resources and ability to pay of the other spouse after the divorce depending on earning capacity, other assets awarded, etc.
Answered on Nov 07th, 2011 at 4:48 PM

Report Abuse
In Arizona, whether or not you are entitled to alimony (spousal maintenance) is goverend by the factors of A.R.S. Section 25-319: lacks sufficient property to provide for your reasonable needs; is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age is such that the custodian should not be required to seek employment; contributed to the educational opportunities of your spouse; had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self- sufficient. In order to be entitled to spousal maintenance, one of these factors needs to apply to you. The amount and duration is governed by the factors set forth in A.R.S. SEction 25-319 (B).
Answered on Nov 07th, 2011 at 3:54 PM

Report Abuse
Family Law Attorney serving Chandler, AZ
2 Awards
The duration of your marriage is only one factor the court would consider in determining whether you are eligible to receive spousal maintenance. There are other statutory factors contained in Arizona Revised Statutes, section 25-319. I recommend you speak with an attorney for some guidance about how this statute may apply to your situation.
Answered on Nov 07th, 2011 at 3:24 PM

Report Abuse
Family Law Issues Attorney serving Camarillo, CA
1 Award
Spousal Support will depend on the income of each spouse.
Answered on Nov 07th, 2011 at 3:02 PM

Report Abuse
Gary Moore
If you were the dependent spouse, you will get alimony.
Answered on Nov 07th, 2011 at 2:47 PM

Report Abuse
It is pretty much impossible from the information you provide for me to say whether you would get any alimony (properly called "maintenance" in Washington). This is because the issue of maintenance is decided on a case by case basis. There is no set rule that entitles someone to get maintenance. In general, the factors that the court is supposed to consider in trying to decide whether to set maintenance (and for how much and how long) include: the ages of the parties, the duration of the marriage, the work history of the parties, the health of the parties, and the education of the parties.
Answered on Nov 07th, 2011 at 2:47 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters