Hello, Me and my wife are going through a divorce. We've been separated almost 2 years now. She has since moved and lives in New York with her two children from a prior marriage she had. During our marriage she was RN, but she quit her job and let her license expire only because she didn't want a job. Will I still have to pay her alimony?
Determining the amount and duration of spousal support is a lot like playing the tables in Vegas - it's a crapshoot. Unlike child support, which follows strict guidelines, spousal support can be whatever the judge thinks is "fair." In a case like yours where you spouse is underemployed, you will have to show that she is voluntarily earning less than her earning capacity. If she quit a good-paying job, this may be fairly easy. In some cases, you may need to hire a vocational expert to show that someone could be earning more than they are.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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