QUESTION
Will I be entitled to spousal support if we divorce?
Asked on May 08th, 2013 on Divorce - California
More details to this question:
I have been married going on 6 years in July of 2013. We do not have children together. He has cheated on me several times but never admitted. I had the call log and compact disk from all the texts back and forth. I am under his insurance because mine’s at work is too expensive and I cannot afford. I have medical problems.
10 ANSWERS
Alimony can be ordered for a time up to the length of the marriage based on your need and the ability of your husband to pay alimony. The court looks at your ability to earn income and your income from all sources and your reasonable monthly living expenses. The court looks at your husband's income from all sources and his reasonable monthly expenses. The court can consider fault in determining alimony. That means the court could order your husband to pay more alimony if it finds that his infidelity was a substantial factor in the failure of the marriage. You will not be able to be covered by his insurance once you are divorced. You may be eligible for coverage under his company plan for a period of time but you would need to pay for the coverage. That increased cost or the cost of you to obtain health insurance through your employment would be factors the court would consider.
Answered on May 10th, 2013 at 2:28 PM
Spousal support is awarded on a case by case basis.
Answered on May 10th, 2013 at 6:07 AM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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You do not provide sufficient information to allow an informed opinion on whether or not you may be entitled to spousal maintenance. You should take the opportunity to consult with an experienced family law attorney in your area, who will be able to more fully explore your facts to provide you with a response to your question.
Answered on May 10th, 2013 at 6:07 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Probably NOT .. It does not sound like you will be eligible for spousal support. Its a short term marriage and you are employed.
Answered on May 10th, 2013 at 5:55 AM
Your spousal support will be based on a balancing of your income and his. If you are not working and are able to do so, you will be asked to seek work within a reasonable time. Husband's infidelity is not relevant in your divorce case because California is a no fault divorce state. Good luck.
Answered on May 10th, 2013 at 5:50 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably not. As long as you are working and are able to work, chances are you will not be entitled to spousal support. You might get a little more of the community property, but that is not guaranteed.
Answered on May 10th, 2013 at 5:39 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Every case is different, although your marriage is relatively short, the additional circumstances which you disclosed may make a claim for spousal support possible. Seek counsel with all of the details.
Answered on May 10th, 2013 at 5:35 AM
It's ill depend on your relative incomes and other factors. But you may be entitled to spousal support to help you become self supporting.
Answered on May 10th, 2013 at 5:33 AM
Domestic Relations Attorney serving Milford, MI
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Gabel, Gudmundsen & Gabel, P.C.
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There are several factors which the court considers when determining whether spousal support should be awarded, including your ages, both incomes, length of marriage, whether there are children, fault, etc. While fault may weigh in favor of spousal support, your length of marriage (or lack thereof) and the fact that there are no children would weigh against spousal support. A qualified divorce attorney with more complete information could better evaluate the likely success of a spousal support claim. You might also consider legal separation (if your spouse is willing); usually legal separation (instead of divorce) allows you to stay on your spouse's health insurance (although neither of you is free to remarry). Good luck.
Answered on May 10th, 2013 at 5:32 AM
His infidelity is irrelevant. You may be entitled to support if there is a big enough disparity in your incomes. Insurance would have to be maintained until your dissolution becomes final. You should consult a family law attorney to review the facts and advise you.
Answered on May 10th, 2013 at 4:27 AM