QUESTION
What does the law say that I am potentially entitled to if my spouse makes more than me?
Asked on Oct 11th, 2013 on Divorce - Michigan
More details to this question:
My wife and I have been married for 6 years. She wants a divorce and she makes over $90000 a year. I make under $30000. I have incurred expenses due to this relationship. What does the law say that I am potentially entitled to? If I initiate the process, how long will it be until it is finally resolved?
6 ANSWERS
Spousal support is based on a computer analysis of your incomes combined. Temporary spousal support will be issued if there is a need shown by you and the ability to pay shown against the other party Good luck.
Answered on Oct 15th, 2013 at 1:35 PM
4 Awards
Under the minimal facts you describe, you may be entitled to spousal support (alimony). There are specific factors courts consider, such as earning potential, contributions to the marriage, length of marriage, etc. You really need to visit with an experienced divorce attorney about your options, your facts, and the way your local judge decides similar matters. Generally, if you file for divorce and your spouse is willing to sign a voluntary appearance, the soonest you can finalize is 60 days from the date the voluntary appearance form is filed with the Court. If you have children together, you will also need to meet the Parenting Act requirements. In complicated cases, the process can take up to a year or so because it can take some time to gather enough information.
Answered on Oct 15th, 2013 at 6:11 AM
Bruce Provda
There is no time prediction possible. You need to proceed with a attorney in case your spouse starts to hide assets.
Answered on Oct 14th, 2013 at 12:31 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Potentially you could be entitled to spousal support but there would be many other factors to consider. I don't know what state you are in so can't answer how long it will take. In Nebraska, there is a mandatory waiting period before a divorce can be finalized but it could be longer than that period if a Judge has to make the decisions.
Answered on Oct 14th, 2013 at 10:41 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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The question is not a short answer. However, all debts incurred during the course of the marriage are usually considered joint debts. The court will attempt to allow you to maintain the marital life style. However, you were only married for six years. You should not expect support forever, There are thirteen or fourteen factors that the court will rely on to determine the amount of spousal support. These include: the health and education of the parties, who will have the children, and what the dependent spouse needs to survive while they get additional education or find a better job or do whatever it takes to become self-supporting.
Answered on Oct 14th, 2013 at 10:40 AM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Spousal support, if you can establish a need. Beyond that a 50/50 division of debts and assets. Minimum waiting period is 60 days. If contested, typically 9-12 months.
Answered on Oct 14th, 2013 at 10:39 AM