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My wife and I are getting divorced after four years of marriage. We have a 3 yr old daughter and I am aware I will have to pay child support. Now I am an E6 in the USMC and have been in for ten years now. We haven't filed for anything so I know while we are still "legally" married I have to pay her a certain amount of money. But what I would like to know is that even though we were only married for four years will I have to pay alimony and part of my retirement or neither to my wife. Again I know I’ll have to pay child support.
7 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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What you should do is consult with an experienced family law attorney in the jurisdiction in which you would be filing the dissolution. The answer to your question could change depending on the jurisdiction.
Answered on Feb 24th, 2014 at 8:07 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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There is no alimony in Idaho. She is entitled to of 4/10s (roughly) of your retirement. I am not sure, but because of Federal rules, it may be easier to just pay her that amount. Talk with a local family law attorney about that.
Answered on Feb 20th, 2014 at 9:36 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Alimony depends on the Judge, max time in Florida is twice the length of the marriage. Retirement. Usually not in this short of a marriage but rule of thumb formula is 2.5 % for every year of marriage while on active duty. Some Judges stop the clock on date of separation, others use filing date of the dissolution.
Answered on Feb 20th, 2014 at 9:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Alimony is doubtful in such a short marriage, she will have an interest in the pension accrued during the marriage so get on with it.
Answered on Feb 20th, 2014 at 9:34 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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The general rule for short term marriages in California is that spousal support obligation is for a duration of one-half the length of the marriage. So, in your case the Court may order spousal support for 2 years. The amount of the support would depend on the relative earnings of the parties, and ultimate her needs and your ability to pay. With respect to retirement, the Court could order a share of the community portion unless you negotiate a settlement that includes your being awarded your military pension.
Answered on Feb 20th, 2014 at 9:33 PM
Heidi Glaser
In California, spousal support is governed by the factors found in California Family Code Section 4320 and generally marriages of short duration have a terminating date for spousal support that is generally 1/2 the length of the marriage, but all factors must be considered - which could lengthen or shorten the period. Further, unless you have a prenuptial agreement or other enforceable agreement, your spouse is entitled to 1/2 of the community interest (contributions made during the marriage) of the pension. Consult with a family law attorney so that you can learn more about your particular matter and your rights and obligations.
Answered on Feb 20th, 2014 at 9:31 PM
Alimony can be order, even in a short term marriage, if one spouse has a need, and if the other spouse has the ability to pay alimony. In Utah, alimony cannot be ordered for longer than the duration of the marriage unless there are extraordinary circumstances which do not appear to apply to your case. Your spouse will also have a claim on a portion of the retirement or pension benefits that have accrued during the marriage. The court uses a mathematical formula that, simply stated is: your wife would have a one half interest in a percentage of your retirement benefits. The percentage is a fraction where the numerator (top number) is the number of years you accumulated benefits during the marriage and where the denominator (bottom number) is the number of years of service you have when you retire. So if you retire after 20 years, the percentage payable to your wife is 1/2 of 4/20 or 1/10 of your retirement. If you retire after 30 years, your spouse's fractional share would decrease to 1/2 of 4/30 or 1/15th of your retirement of pension (a little less than 7 %). You should talk with an attorney that is familiar with dividing military retirement benefits.
Answered on Feb 20th, 2014 at 9:30 PM