QUESTION
If my husband has no income would I have to pay spousal support if we get divorced?
Asked on May 07th, 2015 on Divorce - Nebraska
More details to this question:
If my husband has no income from a new business we have started, but I have an income would I have to pay spousal support if we get divorced?
10 ANSWERS
Starting a new business is a luxury. The court will not look at a zero income or low income as reasonable. Each of you will be expected to work to your full potential (in the court's view). This means that the court may look to a reasonable (normal) income in the industry that that he is in, and compare that to your income, before deciding if there will be any sort of spousal support (called maintenance in Wisconsin). I have had many clients over the years want to show their tax return in court to show that they have little income - even to avoid child support. It doesn't work. The court simply says that if that is all that they are earning, then they should be working for someone else. So instead of using what is on the tax returns, the court will look to a reasonable wage for the same type of work - but you have to provide that information (evidence) to the court.
Answered on May 11th, 2015 at 12:52 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Impossible to answer due to lack of information. The decision is for the Judge.
Answered on May 11th, 2015 at 5:17 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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That depends on a number of factors, including how long you were married and what assets there are to divide. There is not simple answer to that.
Answered on May 08th, 2015 at 3:54 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It depends upon the disparity of income between the parties and the ability of the parties to work.
Answered on May 08th, 2015 at 11:46 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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There are many factors that go into whether or not there is an alimony obligation in addition to income differences. Descriptions of the types of alimony and more information about alimony in general is on my website, under the FAQ's section at http://www.mitchell-pa.com/FAQ_Main.html Be sure to stop by and check it out! And of course, if you have a question that is not addressed, please feel free to email me directly.
Answered on May 08th, 2015 at 4:19 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Probably so.
Answered on May 08th, 2015 at 4:14 AM
It is likely that if he asked, you would have to pay your estranged husband at least temporary maintenance. Ordinarily he could be put under a 'seek work' order, in which he would have to prove he made a certain number of job applications per week. In the case of the new business, he could be required to show that he is working hard at the business, and that it is growing. Find a good divorce lawyer: it's almost always worth the investment.
Answered on May 08th, 2015 at 3:56 AM
Bruce Provda
This ll depends on your divorce agreement. If you have been married for some years, he may be considered to be entitled to this for a period of time. You should have an attorney representing you on this issue.
Answered on May 08th, 2015 at 3:42 AM
The amount of spousal support, if any, will depend upon several factors. The length of your marriage, the property being claimed, etc.. There is no formula or definitive answer.
Answered on May 08th, 2015 at 3:42 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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There are other factors involved, such as how much you earn, whether there are children to support, how long the business has been in existence, his needs, and your ability to pay, to name a few.
Answered on May 08th, 2015 at 3:39 AM