QUESTION

If I get divorced do I have to pay alimony if I have no income?

Asked on Aug 15th, 2013 on Divorce - California
More details to this question:
And if I divorced would I be entitled to half of vehicle?
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4 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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If you have no income you will most likely not have to pay alimony. If the vehicle is a marital asset you may be entitled to half.
Answered on Aug 16th, 2013 at 8:51 PM

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We need a little more information than this. Why are you unemployed and for how long? What is the length of the marriage? In who's name is the car titled? More than likely, you will not have to pay maintenance (alimony), there has been occasions where a spouse has quit a job to avoid paying, which is why I asked about your employment situation.
Answered on Aug 16th, 2013 at 7:41 PM

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Family Law Attorney serving Thousand Oaks, CA at Law Office of Terry A. Buchanan
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The payment of alimony is based on the payee's ability to pay. If you have no income, then you would not have the ability to pay. However, the court does have the discretion to impute income to you if you have the ability to work. As for the vehicle, your interest in the vehicle would depend on when purchased and with what monies. An attorney would be able to provide further details into that analysis.
Answered on Aug 16th, 2013 at 11:59 AM

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Divorce Attorney serving Bloomfield Hills, MI at Catchick Law, P.C.
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In Michigan, there are several different factors a Court looks at in determining whether a party is entitled to "spousal support" (the technical term for "alimony" in Michigan). Three of the most important factors are: 1) the length of the marriage; and 2) the parties' respective incomes; and 3) the ability of the parties to work. Your lack of income may help you defend against a spousal support claim, but you should be prepared to explain to the Court why you aren't working (i.e., due to health problems, or lack of job opportunities despite looking for a job, etc.)
Answered on Aug 16th, 2013 at 11:59 AM

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