QUESTION

Will I be entitled to alimony once I and my husband divorce?

Asked on Mar 12th, 2013 on Divorce - Delaware
More details to this question:
My husband and I are legally separated. We will go to court to officially start our divorce in April. I am wondering if I would be eligible for alimony. My husband went to school full time in 2010, and I for the most part supported the family. Prior to him going to school he was the bread winner for years. Am I entitled to alimony?
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7 ANSWERS

John Arthur Smitten
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Answered on Mar 13th, 2013 at 4:02 PM

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Spousal support is premised upon ability to pay and need. Generally if one spouse is earning significantly more than the other, he/she will have an obligation to pay support. Your situation has an additional issue in that you supported him while he was enhancing his earning capacity and this is another factor that the court can take into consideration.
Answered on Mar 13th, 2013 at 12:55 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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Spousal support is based on the respective income of both parties in order to try to equalize their living standards. You should talk to an attorney in your community about this before you go to court.
Answered on Mar 13th, 2013 at 12:55 PM

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Unfortunately you have not provided enough information here for me to adequately answer your question. The courts look at many factors, including, but not limited to who makes the most money, length of marriage, earning capacity of both, etc.
Answered on Mar 13th, 2013 at 12:54 PM

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Spousal support is based on several factors including income and past lifestyle. Talk to an attorney about this issue and discuss your options
Answered on Mar 13th, 2013 at 12:54 PM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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If not married more than 18 years you may be eligible for 1/2 the time you were married. However, of course you would need to show a need.
Answered on Mar 13th, 2013 at 12:53 PM

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Depends on how hes doing financially right now compared to you. See an attorney to discuss the factors the court has to consider so you can evaluate whether to file for alimony or not. If there are kids you could also get child support.
Answered on Mar 13th, 2013 at 12:53 PM

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