QUESTION
What is the likelihood of maintenance/spousal support?
Asked on Jan 10th, 2013 on Divorce - Arizona
More details to this question:
No kids. Own a house (50k overwater) and a condo (60k underwater). I supported us financially through her schooling. We, from my income, paid some of the tuition directly and took out loans for the remainder. Money is still owed on those loans. We were married for 6 years. I also made the majority of income over those 6 years. Gross Income: mine of 360k vs hers of 240k. She currently makes 75k/year. I lost my job and now only make 25k/year. What is the likelihood that I would be able to get maintenance? I need to know so that I can factor this in of whether to hire an attorney, which would wipe me out financially.
6 ANSWERS
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
In Michigan, the court will consider several factors to determine spousal support. These include length of marriage, education, current style of living and others. Consult with an attorney to discuss these factors and other financial concerns further.
Answered on Jan 19th, 2013 at 7:35 PM
You should consult a family law attorney to review all of the facts and run the numbers in the support program to give you an idea of what the court may order as support.
Answered on Jan 14th, 2013 at 7:50 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
You may be able to get spousal support. Also ask for her to pay towards your attorney fees. The school loans typically go to the person who got the education. See an attorney, at least pay for a consultation so you can get some guidance.
Answered on Jan 14th, 2013 at 7:49 PM
If she is making more than you are, we will request that both parties are barred from seeking maintenance. If you would like to discuss your options, you can contact our office for a free 30 minute consultation.
Answered on Jan 14th, 2013 at 7:48 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
Only an attorney with all the relevant information and familiarity with the judge that will make the final decision (if you and your spouse cannot agree) can attempt to predict an answer to your question.
Answered on Jan 14th, 2013 at 7:47 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
at
Cox Sandoval Law, PLLC
Update Your Profile
Spousal maintenance is determined by ARS Section 25-319. First the court would determine whether your wife is entitled to spousal maintenance. From the facts you describe, it appears that you could argue that she is not entitled. She did not make sacrifices for the marriage, as you had actually contributed to her education. She appears to be earning substantially more than you now and can support her reasonable needs. If she is still deemed entitled to spousal maintenance, then the question becomes how much and for how long. If you have additional questions, it would be good to consult a lawyer.
Answered on Jan 14th, 2013 at 7:45 PM