QUESTION
Can I get spousal support if I have been married for twenty years?
Asked on Nov 17th, 2011 on Divorce - Florida
More details to this question:
I have been married 20 years. My husband is a doctor. Can I get spousal support and if so, for how long? Also can I get compensation if I am on disability retirement resulting in a job that I have my secured education degree in that field? The disability occurred during my marriage.
15 ANSWERS
Bankruptcy & Debt Attorney serving Jackson Heights, NY
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Ruiz Law Group PC
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You have a very good chance of getting spousal support.
Answered on Jun 26th, 2013 at 1:17 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Yes. Potentially indefinitely.
Answered on May 31st, 2013 at 1:17 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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It is more likely than not that you will be entitled to spousal support known as maintenance. You should be entitled to maintenance even if you receive disability payments.
Answered on Nov 22nd, 2011 at 12:53 PM
If you do not have sufficient income to meet your needs and are unable to earn an income sufficient to meet your needs, you may qualify for spousal support. There are many factors for the court to consider (including, but not limited to your health and the length of the marriage). This is a very "grey" area of law because there is no mathematical formula for calculating spousal maintenance. I recommend you speak with an attorney who can assist you in determining your best course of action.
Answered on Nov 21st, 2011 at 2:49 PM
Criminal Defense Attorney serving Quincy, MA
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Law Firm of Neil M. Kerstein
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Under the current version of M.G.L.A. c. 208, 34 the court may award alimony to either of the parties upon a divorce or on a complaint brought after a divorce. The statute sets out a list of factors to be considered by the court in awarding or denying alimony , and setting its amount if awarded. The scope and breath of these factors empowers the court to deal broadly with the settlement of the financial affairs of the divorcing party by assignment of property in lieu or in addition to alimony awards, but it was not intended to eliminate alimony . Thus, the issue of alimony remains viable under the statute, particularly in regard to a spouse's need for support and maintenance in relation to the financial condition of the parties. Need is measured by the station of the parties and by what is required to maintain a standard of living comparable to that enjoyed during marriage. In sum, the need of one spouse and the ability of the other spouse to pay support to meet those needs is the basis of alimony under the statute.
Answered on Nov 18th, 2011 at 2:27 PM
Theodore W. Robinson
Yes, you are very likely entitled tospousal support upon divorce and even beforehand if you are separated from your spouse and he fails or refuses to support the household or you during your separation. As for compenstation, it sounds like you have a legitimate claim, but its impossible to tell more from the sparse information offered in your question. Speak to a compensation lawyer about that matter. Good luck.
Answered on Nov 18th, 2011 at 11:45 AM
Maybe. The duration of the marriage is just one of several factors that the court is supposed to look at in trying to make a decision about whether to award maintenance, in what amount, and for how long. Some of those other factors include such items as: The age of the parties, the health of the parties, the work history of the parties, the education of the parties, the division of assets, and each party's need and ability to pay.
Answered on Nov 18th, 2011 at 11:02 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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This is very fact specific. You should get an attorney. Yes you will be eligible to argue for maintenance but how much and for how long are either done by agreement or the court decides the matter.
Answered on Nov 18th, 2011 at 11:00 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Highly likely. Maintenance depends on many factors. There is no formula.
Answered on Nov 18th, 2011 at 9:30 AM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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There are different kinds of spousal support available to you. Also if your husband has his own practice you would have an interest in his ownership interest in some cases. I would recommend meeting with counsel and discussing these issues, as there are many different avenues you can take.
Answered on Nov 18th, 2011 at 12:19 AM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Under Washington state law, it is highly likely that you will receive spousal maintenance under the circumstances you describe.
Answered on Nov 18th, 2011 at 12:19 AM
Other factors come into play, but based upon the information you have provided, yes you would definitely qualify for spousal support.
Answered on Nov 17th, 2011 at 11:55 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Yo're probably eligible for long term maintenance support, which could continue indefinitely until you or your spouse dies.
Answered on Nov 17th, 2011 at 11:33 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado there are no fixed rules, so it isn't possible to answer your question with anything other than to say that spousal support is possible. If your husband won't agree to something you feel is appropriate, a judge will decide if, how much, and how long, any spousal support should be ordered. That decision will be generally based on a comparison of your reasonable needs with your husband's ability to pay. From the facts you relate, it is likely that you would successfully obtain spousal support, but you need to consult an attorney who can evaluate the circumstances with all the relevant information.
Answered on Nov 17th, 2011 at 11:31 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you have a need and he has the ability to pay, then yes, you can get spousal support, especially with a long term marriage of 20 years. You should consult with an attorney regarding the potential alimony issue, as well as any others that might exist.
Answered on Nov 17th, 2011 at 11:21 PM