QUESTION

If my ex wife had a small business for about 8 years after the first 10 years of being married, do I still have to pay spouse support?

Asked on Mar 25th, 2013 on Divorce - Florida
More details to this question:
I was married for 22 years and 9 months. My ex wife is seeking spouse support.
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7 ANSWERS

There are about 10 statutory factors which a court must consider when maintenance is sought. The length of the marriage is a significant one. So are her earnings and her earning capacity, any contribution she may have made to your earning capacity (such as putting you through school), etc. Consult an experienced divorce lawyer and give him or her all the facts.
Answered on Mar 26th, 2013 at 11:30 PM

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Family Law Attorney serving Temecula, CA at Landon Rainwater Robinson LLP
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Spousal support is based on many factors and is discretionary. Factors To Be Considered In Ordering Support ? 4320 - In Ordering Spousal Support Under This Part, The Court Shall Consider All Of The Following In ordering spousal support under this part, the court shall consider all of the following circumstances: (a)The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: (1)The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment. (2)The extent to which the supported party?s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties. (b)The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party. (c)The ability of the supporting party to pay spousal support, taking into account the supporting party?s earning capacity, earned and unearned income, assets, and standard of living. (d)The needs of each party based on the standard of living established during the marriage. (e)The obligations and assets, including the separate property, of each party. (f)The duration of the marriage. (g)The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party. (h)The age and health of the parties. (i)Documented evidence of any history of domestic violence, as defined in Section 6211, between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party. (j)The immediate and specific tax consequences to each party. (k)The balance of the hardships to each party. (l)The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a ?reasonable period of time? for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court?s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties. (m)The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4325. (n)Any other factors the court determines are just and equitable.
Answered on Mar 26th, 2013 at 1:01 AM

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It depends on the current financial circumstances of both parties. Support is based upon "need" and "ability to pay".
Answered on Mar 25th, 2013 at 1:58 PM

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We'd need a little more information. You are saying she is the ex wife, so has your divorced been finalized? If so, she cannot request maintenance.
Answered on Mar 25th, 2013 at 1:58 PM

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This will depend on her need and you ability to pay. It depends mostly on the net incomes from each spouse now and throughout the marriage.
Answered on Mar 25th, 2013 at 1:58 PM

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In California it depends on many factors including what her business make compared to your income. After such a long marriage support could go on until you retire. If you have investments support could continue after retirement. You should get an attorney.
Answered on Mar 25th, 2013 at 1:57 PM

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John Arthur Smitten
Alimony is based upon need and ability to pay and length of the marriage. Need more information from you.
Answered on Mar 25th, 2013 at 1:56 PM

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