QUESTION
Does my wife have any grounds for spousal support?
Asked on Mar 26th, 2013 on Divorce - Michigan
More details to this question:
My wife and I have been married for 7 years and separated for the last year. I filed for divorce recently and now she wants me to pay her spousal support because she sold off everything due to drug use. She is still trying to get help for that. She was the bread winner until she was fired from her job a year and half ago due to performance because of drugs. I have had our 2 children in my care since April 2012 when we separated. She started paying $11 per week child support back in September and is still behind.
8 ANSWERS
Criminal Law Attorney serving Sacramento, CA
at
Alison Elle Aleman
Update Your Profile
Your wife is able to support herself except for her drug addiction. You are not responsible for that. In my opinion, most judges would order her to rehab, require her to stay clean, pay child support and NOT grant spousal support because the marriage was short duration and she has her own job skills.
Answered on Mar 28th, 2013 at 5:18 AM
John Arthur Smitten
Short term marriage, also druggies do not get alimony.
Answered on Mar 27th, 2013 at 9:51 AM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
Equitably your wife should not get financial support from you her drug abuse was a voluntary action on her part and she was the breadwinner so she can go out and get another job.
Answered on Mar 26th, 2013 at 3:52 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
She might have grounds for maintenance, but they are not very strong. At the same time, if she has a disability (and drug addiction).
Answered on Mar 26th, 2013 at 2:15 PM
Yes, she can request maintenance (alimony) but that does not mean it will be granted.
Answered on Mar 26th, 2013 at 2:15 PM
Mediation Attorney serving Bloomfield, NJ
at
Cassandra T. Savoy, PC
Update Your Profile
There are many factors that relate to whether one receives spousal support. Usually with short term marriages, those under ten years, spousal support becomes less likely except where a person needs support in order to join the workforce. Your spouse already has the skills required to have a place in the workforce. Moreover, you have to care for the children. No one can take care of children on $11 per week.
Answered on Mar 26th, 2013 at 1:54 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
It really depends on the grounds she is trying to put forth, her income, your income. Delaware, if qualified,a spouse can get up to half the number of years married unless married over 17 years, so if she qualified she could get spousal support or alimony for 3 1/2 years.
Answered on Mar 26th, 2013 at 1:52 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
I would think not under the circumstances described.
Answered on Mar 26th, 2013 at 1:51 PM