How does spousal support work?

You need to hire an attorney to protect your rights. It is good that you two have come up with some sort of an agreement, in fact, it will save time with the attorneys. However, you need to make sure that your agreements are/become legal and have standing with the court. I encourage you to contact our office today to schedule a free 30 minute consultation to discuss your divorce options.

In Michigan and Ohio spousal support is not automatic it is at the discretion of the court.Your circumstances sound as if they MAY warrant support, but given the short term of your marriage it probably would not be for a long period of time. And again, support determination be it temporary or permanent is up to the judge. As this is a local issue, please consult with a local family law practitioner about your rights and concerns.

There are no fixed rules for spousal support; any decision by a judge will involve an examination of all the facts and circumstances in your case. The general principle involves a balancing of your ability to support yourself against his ability to pay support. The existence of marital debt solely in your name is significant and the court could require him to continue paying those debts or, instead, require him to pay you enough spousal support directly so that you can continue paying those debts. With a short term marriage you are not likely to get spousal support for very long after the divorce is final, but you should be able to receive it while the case is going on. You should consult with an attorney who can better analyze your situation and advised you of the possible outcomes to expect.

Under Washington law, debt and spousal support are really two different things. Given that you have only been married two years, I doubt that the court would grant more than a few months of spousal support, if any. Property and debt are generally divided, though since your husband has more income, it might give a larger settlement to you, and it might require him to take on more of the debt. Please consult with an attorney in your area to find out more about what to expect, as well as ideas on how a settlement could be structured to address your concerns.

In Washington State, assuming you are seeking a divorce, you can move (ask the Court) for temporary orders to determine who pays what bills, ongoing support, etc. Given the length of your marriage however, it is unlikely the Court will order spousal maintenance beyond the divorce. In short, spousal maintenance is determined on a need and ability basis (e.g., you have a need and he has the ability to pay).

These are all very good questions which if I attempted to answer them by an email would take a long time. What did you do before your marriage? Were you working? Are you making as much money today as you were before the marriage? The debt issues are different but related to spousal support. Spousal support is very rare in a two year marriage. Call to discuss further.

If you have an agreement the best way to resolve would be to memorialize it in a separation agreement. It is not a guarantee as the creditors are not bound by your agreement and if your husband stops paying for any reason they will come to you.

Spousal support and debt payment are potentially two separate things. Spousal support is determined based upon the relative earnings of the parties, the length of the marriage, and other relevant factors. If you have little to no ability to pay the debts of the community (even after payment of spousal support) the court does have the authority to order him to pay, although he would likely be given credit against spousal support for your half of the debt service (though not always). If you are in my area and are looking for an attorney, please contact me for a free consultation.