QUESTION
Will I have to pay spousal support if I divorce my wife?
Asked on Aug 17th, 2011 on Child Custody - North Carolina
More details to this question:
I want to divorce my wife, she has spent most of my money gambling. I have been married 21 years, no kids and no property to divide. Will I have to pay support?
18 ANSWERS
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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I do not have enough information to answer this question. I can tell you that spousal support is based on a computation that incorporates the income of both spouses. If you are earning an income that is higher than your wife's, then you may have to pay some spousal support *if she requests it from the court.* Spousal support is not "automatically" ordered, and will not be awarded for time periods prior to your wife's legal request. The genral rule is that spousal support will be payable for about 1/2 of the length of the marriage. Temporary support orders (pending divorce) will have a higher amount than permanent orders (what people refer to as alimony). Courts work toward each spouse becoming self-supporting, and often incorporate work or vocational training orders into a spousal support award.
Answered on Aug 31st, 2011 at 9:45 AM
"Waste" generally goes to property, not alimony claims. What you need is a full consultation with qualified family law counsel.
Answered on Aug 31st, 2011 at 9:35 AM
Paying support depends on the income of both parties, but having a gambling problem certainly complicates that - as well as property division as there could be a question of marital waste.
Answered on Aug 20th, 2011 at 2:02 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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Maintenance orders for either spouse or either domestic partner - Factors. (1) In a proceeding for dissolution of marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage or domestic partnership by a court which lacked personal jurisdiction over the absent spouse or absent domestic partner, the court may grant a maintenance order for either spouse or either domestic partner. The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to misconduct, after considering all relevant factors including but not limited to: (a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him or her, and his or her ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party; (b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances; (c) The standard of living established during the marriage or domestic partnership; (d) The duration of the marriage or domestic partnership; (e) The age, physical and emotional condition, and financial obligations of the spouse or domestic partner seeking maintenance; and (f) The ability of the spouse or domestic partner from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse or domestic partner seeking maintenance.
Answered on Aug 19th, 2011 at 11:57 AM
Roianne Houlton Conner
Whether you pay support would be up to a Judge to determine.
Answered on Aug 19th, 2011 at 9:36 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If she has a need and you have the ability to pay, it is a possibility. You should consult with an experienced attorney to discuss your potential rights and options, as well as whether the necessary factors are there to support an alimony award. If your existing or potential case is in or near the Central Florida area (Orange, Seminole, Volusia, Lake, Sumter, Marion, and nearby counties), I would be more than happy to speak with you. My office offers free initial telephone consultations, during which we can discuss your matter in more detail, as well as explore the potential rights and options available.
Answered on Aug 19th, 2011 at 9:09 AM
Steven D. Dunnings
It will definitely be an issue but, there are other factors that need to be considered.
Answered on Aug 19th, 2011 at 7:45 AM
1 Award
It is very likely you will have to support her, if she does not have an income similar to yours
Answered on Aug 19th, 2011 at 6:53 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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It depends on your income.
Answered on Aug 19th, 2011 at 6:30 AM
Maybe. There are a number of factors that the court is supposed to consider. Some of these factors are: the age of the parties, the health of the parties, the work history of the parties, the educational background of the parties, the standard of living established during the marriage, and the amount of time it will take for a disadvantaged spouse to become self supporting.
Answered on Aug 19th, 2011 at 6:18 AM
Glen Edward Ashman
Maybe. It depends on many things including your finances, her needs and income, and conduct. Get a lawyer to protect yourself.
Answered on Aug 18th, 2011 at 7:52 PM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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If you made most of the money, then you will likely have to pay support.
Answered on Aug 18th, 2011 at 7:22 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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The answer depends on what she is actually earning or capable of earning on her own and what you are actually earning or capable of earning.
Answered on Aug 18th, 2011 at 4:16 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Maybe, maybe not. The answer depends on a review of all the relevant facts and circumstances. If your wife is not currently employed, you will probably have to pay her some spousal support. The question will be how much and for how long. There are no fixed rules and if you and she cannot agree what is fair, a court will decide. The court's decision will begin with a comparison of her need versus your ability to pay and consideration of a number of specific factors set for in the statutes.
Answered on Aug 18th, 2011 at 4:15 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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It depends. See my website about how a court decides maintenance in Washington.
Answered on Aug 18th, 2011 at 2:51 PM
2 Awards
Spousal support is based on need and the ability to pay. The amount will depend on the disparity in income, the standard of living during the course of the marriage and many other factors. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Aug 18th, 2011 at 2:03 PM
Gary Moore
Normally I would say you do, but if she has gambled away your savings you may be entitled to relief from this obligation. Call me to discuss your situation further, if you like.
Answered on Aug 18th, 2011 at 1:32 PM
There are other facts that need to be evaluated in order to best answer your question; the North Carolina General Statutes list 16 factors that determine that amount (if any) and duration of alimony to a financially dependent spouse.
Answered on Aug 18th, 2011 at 1:19 PM
This response does not establish an attorney-client relationship nor is it an acceptable substitute for seeking legal advice.