QUESTION

If you have been seperated for over 10 yrs do you have to pay your spouse a certain amount and why?

Asked on Jun 24th, 2015 on Divorce - Florida
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I have been told by other people that I would have to pay my spouse the amount that she asks for. We have been living apart for over 10 yrs and she said something to the effect that she would like to get $200 a month. Can she ask for that and will I have to pay it to her?
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8 ANSWERS

Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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She can ask for anything. More information is needed to determine what she deserves.
Answered on Jun 25th, 2015 at 2:30 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Just because one party wants something doesn't mean they get it. You don't say whether assets and liabilities were divided when you separated 10 years ago. That has to be done as part of the divorce. Whether or not she gets maintenance (alimony) is a question of her need and your ability to pay and each of your current situations and how assets were divided. Get a lawyer.
Answered on Jun 24th, 2015 at 7:54 PM

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Spousal support takes many facts into consideration, i.e. length of marriage, earnings of each spouse, length of separation, etc.. After 10 years of separation it is difficult to conclude that you would have to pay your spouse any monies, however, depending upon her income, a Judge might require you to pay spousal support for a specific amount of time (years). It may be less expensive for you to offer her to pay the $200 a month, but limit the time over which you would have to pay, than to pay an attorney to fight it for you. Good luck.
Answered on Jun 24th, 2015 at 7:53 PM

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She can ask for the sun, the moon and the stars, but the Court does not have to give it to her. In Wisconsin, maintenance has two distinct goals: to help the lower-earning spouse 'rehabilitate' her- or himself in the employment market, and to maintain the spouse as close as possible to the standard of living the spouse enjoyed before the divorce. If you have been separated for 10 years, it is highly unlikely that her standard of living over mot of those ten years depended on your contributions to her living expenses. She is not likely to prevail on a demand for maintenance. She might, just possibly, get some short-term award of maintenance, but I wouldn't think that is very likely. You should really retain a skilled family law attorney to advise and represent you. It's almost always worth it. Good Luck.
Answered on Jun 24th, 2015 at 7:52 PM

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Bruce Provda
She can ask for anything she wants but that does note an it will be the formal result. You need to actually talk to an attorney about your assets and situation.
Answered on Jun 24th, 2015 at 7:52 PM

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Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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The fact that you have already been separately that long is interesting. If your spouse has been self-supporting for that long she may not be able to get spousal support. However, there are many factors and the Court will look at her needs and your ability to pay. Depending on your earnings you may want to pay the $200 if the possible outcomes are worse. You should consult with a lawyer about your case before making a decision.
Answered on Jun 24th, 2015 at 2:10 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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If you have been living apart for 10 years any divorce will be likely to be a status quo.. e.g. neither will pay spousal support and the assets in each other's possession and control will stay in each others possession and control.. There are no guarantees though.
Answered on Jun 24th, 2015 at 2:06 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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She can ask for iced water in Hades but someone else makes the decision. Here the Judge makes the decision, it the parties have been separated for 10 plus years very doubtful anyone pays alimony. Water cooler law at it's finest.
Answered on Jun 24th, 2015 at 2:05 PM

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