QUESTION
Do I have to pay alimony if my ex is in another state?
Asked on Jun 28th, 2011 on Child Custody - Ohio
More details to this question:
If I live out of state, will I have to pay alimony? We have been separated for over a year now.
12 ANSWERS
Steven D. Dunnings
Is there a judgment of divorce ordering you to pay spousal support?
Answered on Jul 11th, 2013 at 2:33 AM
4 Awards
Whether or not you pay either temporary or permanent spousal support, known in some states as "alimony," depends on the wording of your judgment. Normally this is not affected by where they live, if they have moved away from you or you from them. Your separation period is not relevant to the awarding of support or alimony, except to the extent that you are not divorced. You can continue to owe temporary spousal support for up to six months after you are divorced, and permanent spousal support may be for a definite or indefinite period of time.
Answered on Jul 01st, 2011 at 12:30 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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Alimony or spousal maintenance as it is called in Washington State is typically paid to one spouse who has a need for maintenance and the other spouse's ability to pay (there are other factors as well). Living in different States doesn't matter.
Answered on Jul 01st, 2011 at 10:16 AM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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It doesn't matter where you or your ex live. You may be required to pay spousal support if the facts of the case support it.
Answered on Jun 30th, 2011 at 12:27 PM
That will be for the court to decide. I would argue that your spouse has be self-sustaining for a year now and is in no need for spousal support - which has nothing to do with your spouse being in another state, but everything to do with your spouse being without the assistance of you financially. Contact the office today for a free consultation.
Answered on Jun 30th, 2011 at 9:46 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If a court rules that you have to pay alimony, you have to pay it no matter where you ex lives. If there is no current court order requiring you to pay alimony, the question will be whether or not the court that decides your divorce can or will order you to pay, but where your ex lives doesn't control that either. You may need to discuss the exact factual situation with an attorney to determine what the options are.
Answered on Jun 30th, 2011 at 9:30 AM
Theodore W. Robinson
While it is possible, it is unlikely. Speak to a local divorce attorney about it. Good luck.
Answered on Jun 30th, 2011 at 9:12 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Where you live is irrelevant other than it effects how they have to serve you in order for the court to get jurisdiction to order maintenance. Whether you owe maintenance depends on many factors. The fact you have been separated for a year, and I assume you have not paid her during that time, helps your argument there should be none.
Answered on Jun 29th, 2011 at 2:36 PM
First, there are several questions, the answers to which may affect the answer. These include: What state are you in? What state is your ex in? Have the two of you already divorced or are you just separated? What state has jurisdiction? In general, simply being in another state will not protect you from a claim of alimony or maintenance. For example, if you spouse filed for divorce here in Washington (and assuming Washington had jurisdiction), then, in appropriate circumstances, it could order you to pay maintenance (alimony). The mere fact that you are in some other state, not prevent that. Whether the court would order maintenance, however, depends on a number of other factors.
Answered on Jun 29th, 2011 at 1:46 PM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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That may depend on which state the divorce is filed in. If the divorce is done in Washington, whether or not you are required to pay alimony should not be affected by whether you actually live within the state.
Answered on Jun 29th, 2011 at 10:52 AM
Glen Edward Ashman
Where you live should be irrelevant as to whether you pay alimony.
Answered on Jun 29th, 2011 at 9:58 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In another state, country or hemisphere, you have to pay spousal support or child support that is court ordered, until further order of the court.
Answered on Jun 29th, 2011 at 9:24 AM