QUESTION
What are the chances that she will be able to get alimony if the job loss happened after the divorce was final?
Asked on Jan 19th, 2013 on Divorce - Michigan
More details to this question:
We were married for 9 years. During the marriage, she made more money than I did. She has a higher education than I do and she filed as head of household on our taxes. We separated in May, the divorce was final in October and she lost her job in November. It is now January and she is trying to get spousal support. In the divorce agreement, it says that the court reserved the right to modify spousal support.
7 ANSWERS
Dennis P. Mikko
Since spousal support was reserved, the court can look at her request. However, it is a relatively short term marriage and the fact that she lost her job may not, in and of itself, be enough to award her spousal support. You should obtain the assistance of an attorney to advise you in this matter.
Answered on Jan 23rd, 2013 at 1:41 PM
If the court retained jurisdiction she may be able to get support for her period of unemployment.
Answered on Jan 23rd, 2013 at 1:40 PM
If the court reserves jurisdiction on the issue of spousal support, an order for some temporary help can be made but the court will also order her to make good faith efforts to find other work and to give you proof of those efforts on a regular basis.
Answered on Jan 23rd, 2013 at 1:40 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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The issue will largely depend on whether she was entitled to spousal maintenance during the marriage, and it sounds from the facts you stated that she is not. I would also question why she lost her job and what efforts she has taken to find comparable employment.
Answered on Jan 23rd, 2013 at 1:39 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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It's possible the court could order support. Make sure she's looking for another job.
Answered on Jan 23rd, 2013 at 1:38 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If the judgment allows it, spousal support could now be awarded. You can have an attorney represent you against any claim.
Answered on Jan 23rd, 2013 at 1:38 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Court will input reasonable salary for her and will take that into account in their calculations as well as your salary and expenses.
Answered on Jan 23rd, 2013 at 1:38 PM