QUESTION

Do I have to pay alimony for my deadbeat husband?

Asked on Sep 03rd, 2013 on Divorce - Utah
More details to this question:
I am 57 and my husband is 61. We have been married for 18 years and I have paid all the bills for the last 14 years. He is fully capable of working and always has been. I've had enough and want to divorce him. Will I have to pay him alimony? Will I have to give him some of my retirement?
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6 ANSWERS

Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Doubtful as to alimony, probably yes as to retirement plan.
Answered on Sep 05th, 2013 at 8:31 AM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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If you are in Florida, it is a possibility. 18 years would be considered a long term marriage and if you have been the predominant bread-winner, then it is possible. You should consult with an attorney in order to best determine your potential rights and options in the event of a possible divorce.
Answered on Sep 04th, 2013 at 1:09 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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Spousal support is based on the relative income of both parties. It is also based on the ability of each party to work. You may need an attorney to make sure you are protected on this issue.
Answered on Sep 04th, 2013 at 12:26 PM

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Divorce Attorney serving Bloomfield Hills, MI at Catchick Law, P.C.
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You may have to pay him a portion of your retirement benefits that accumulated during the course of your 18-year marriage to him, but, based on the facts you have presented, I would strongly fight against any attempt by him to be awarded "spousal support" (the technical term for "alimony" in Michigan), because he is fully capable of working.
Answered on Sep 04th, 2013 at 10:07 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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The only one who can answer that is your attorney. The answers will depend on a lot of factors. Your divorce attorney will know the questions to ask.
Answered on Sep 04th, 2013 at 9:58 AM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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Probably. Alimony in Utah is based primarily upon two factors: 1) demonstrated need on the part of the person seeking alimony; and 2) the other spouse's ability to pay. Alimony is usually not awarded in marriages of short duration. A marriage of 18 years is clearly not a marriage of short duration. So duration of marriage is a strike against you. You have been supporting the family for the past 14 years. This is extremely strong evidence that you have the ability to pay alimony. The fact that your husband is capable of working with has chosen not to work at have you support him instead is not terribly strong evidence against his claim for alimony. In fact, it is pretty good evidence that he is entitled to alimony, in that he is financially dependent upon you and has been for the past 14 years. As to your question about your retirement benefits and whether your husband gets a share of them: a spouse is generally entitled to half of any retirement benefits of spouse that accrued during the marriage. There are some exceptions to this general rule, but I have yet to see any exception implemented in any case I have handled in my career. The odds are that you will have to share with your husband half of your retirement benefits accrued during the marriage.
Answered on Sep 04th, 2013 at 9:45 AM

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