QUESTION
Can my husband ask for alimony if he is capable of working?
Asked on Sep 23rd, 2011 on Child Custody - Arizona
More details to this question:
Can my husband ask for alimony if he is capable of working?
15 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Yes. Depends on respective incomes.
Answered on Jul 09th, 2013 at 12:33 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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He can ask for anything but there are many factors that go into the calculation of whether he can get it.
Answered on Jun 21st, 2013 at 1:20 AM
Gary Moore
He can ask, but income will be imputed to him if is employable.
Answered on Jun 21st, 2013 at 1:19 AM
Glen Edward Ashman
He can ask for anything. What he actually gets is up to the court.
Answered on Jun 21st, 2013 at 1:12 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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There are a number of factors in the determination of awarding alimony (now called spousal support). His ability to work is only one of those.
Answered on Sep 26th, 2011 at 10:21 AM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Anybody can seek alimony from a spouse in a divorce, but whether he will be awarded it is another matter. Whether a party is awarded alimony depends on a variety of factors, including length of marriage, contribution to the marriage, incomes of the parties, etc.
Answered on Sep 26th, 2011 at 10:18 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Yes. He can ask. There are many factors that go into alimony. The courts try to make sure that when the parties separate, one of them will not live high off the hog while the other is eating cat food. Consequently, if one party earns substantially more than the other, the higher earner may have to support the lesser earner. This is a general answer and may not relate to all of the facts in your case.
Answered on Sep 26th, 2011 at 5:58 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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He can ask for anything. The question is whether or not a judge will give it to him. The answer to that question depends on having much more information than you have provided and there are no fixed rules anyway.
Answered on Sep 26th, 2011 at 5:57 AM
He can if you make more than he, substantially more, and he has not worked for a specific period and time but has relied upon you as the breadwinner of the house. The fact that he is employable will reduce him payments that if he was disabled, however.
Answered on Sep 26th, 2011 at 5:20 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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He can ask for alimony. If he is capable of working and is not, then request that the court impute income to him.
Answered on Sep 24th, 2011 at 1:30 AM
There is nothing that keeps your husband from asking for maintenance. However, whether he will get it, how much, and for how are the real questions. In making a decision whether to award maintenance, there are a number of factors that the court should consider. These factors include: the duration of the marriage, the paying party's ability to pay, the receiving party's need, the parties' work history, the parties' education, the parties' ages, the parties' health, the duration of the marriage, etc. Because there are so many different factors, whether someone will get maintenance in a particular basis has to be decided on a case by case basis with a detailed knowledge of the facts of the particular case.
Answered on Sep 24th, 2011 at 1:30 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Your husband can ask for the moon. The real question is whether he will get maintenance. The court considers many factors when awarding maintenance in Washington. A good starting point is to ask whether he has the need and you the ability to pay? The court may consider whether he can work.
Answered on Sep 23rd, 2011 at 11:57 PM
He can ask for it, but whether the court grants it depends on how the factors in Arizona Revised Statutes secion 25-319 (re: spousal maintenance) apply to your case. Even if he can work (or is working), he might still qualify for an award under the statute.
Answered on Sep 23rd, 2011 at 11:42 PM
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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Alimony in Florida is not determined by whether the recipient is working. The factors the court consider include: (1) Your Husband's financial need and (2) Your ability to pay. Of course you must have been married for a period of time before the courts begin to consider alimony.
Answered on Sep 23rd, 2011 at 11:42 PM