QUESTION
When am I obligated to pay for spousal support?
Asked on Jul 25th, 2011 on Child Custody - Massachusetts
More details to this question:
If we have been married less than a year and my wife quit her job to go to school during this time. Does she earn spousal support from me? I myself am 100% disabled and have a fixed income.
19 ANSWERS
3 Awards
It is unlikely she will receive spousal support because of your short term marriage.
Answered on Aug 05th, 2011 at 6:02 AM
2 Awards
Short term marriages result in, at most, short term alimony. If you are on a fixed income, the court may determine that you do not have the ability to pay alimony at all. I suggest you consult with a local Family Law attorney to discuss the case in greater detail and learn all of your rights and options. Good luck.
Answered on Jul 28th, 2011 at 6:01 AM
Family Law Attorney serving West Bloomfield, MI
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Keri Burnstein, P.C.
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From the little bit of information you provided, it does not sound like your case would warrant spousal support.
Answered on Jul 27th, 2011 at 1:51 PM
First, I assume that you are asking about what happens after the two of you have separated and the divorce has started. I say this because as long as the two of you are living together, you are kind of automatically supporting her. You are paying the rent, the utilities, buying food, etc. After the divorce has started, there is no requirement to pay her support (properly called "maintenance") unless the court orders it. There are two types of maintenance that the court can order. The first is called "temporary maintenance." This is maintenance that the court may order paid while the case is pending. The other is called "permanent maintenance," although it is not really permanent. It is just longer term post decree maintenance. Whether the court orders either one of these depends on a number of factors. In your case, two of the biggest factors are going to be (1) duration of the marriage and (2) need and ability to pay. Generally, the shorter the marriage, the less likely it is that the court is going to order any significant maintenance. Since you have been married less than a year, I would expect that the court would order little if any maintenance. It seems to me that the fact that you are disabled and living on a fixed income also works in your favor when it comes to maintenance. Depending on exactly what that fixed income actually is, you may not have any ability to pay maintenance and still support yourself. Since she apparently has the ability to work, and thus to support herself, it seems unlikely to me that the court is going to tell you that you have to live under a bridge just so she can go to school.
Answered on Jul 27th, 2011 at 1:41 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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It depends. Each county has its own unofficial rules for spousal support. It is likely she would not receive any support, but this important issue is one you need to discuss with your domestic relations attorney.
Answered on Jul 27th, 2011 at 10:06 AM
Under the facts noted, maintenance/spousal support is not likely. It is a very short term marriage and your income sounds limited.
Answered on Jul 27th, 2011 at 10:03 AM
Patricia C. Van Haren
It is unlikely that the court would order that you pay spousal support for a marriage that lasted under a year. However if there was an agreement between the two of you that your wife quit her job and return to school, you may be required to pay for support for a limited time. In most cases, spousal support is payable for the time of the marriage, unless the marriage is deemed to be one of long term duration (over 10 years). Since you were married for a brief time, you may qualify for a summary dissolution if both of you agree not to seek spousal support from the other. This is a less time consuming and less costly means of approaching a divorce for a brief marriage.
Answered on Jul 27th, 2011 at 8:52 AM
Alimony is highly discretionary, but other than possible reimbursement /rehabilitation, there is not much risk of a significant alimony order in a one-year marriage.
Answered on Jul 27th, 2011 at 8:16 AM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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It sounds like a situation where spousal support would be unlikely under Washington law. Given that the marriage was only a year, the courts do not generally give support for more than a few months at best. The fact that she was working and thus has the ability to earn a living also gives the court less reason to feel she needs support from you. Possibly a court could find that, since she is out of work right now, she needs some financial help for a few months in order to relocate and find work again. It also makes a difference whether your disability income is high enough to afford to give her any support. Talk to a lawyer in your area for more information.
Answered on Jul 27th, 2011 at 5:27 AM
There are two types of spousal maintenance in Colorado. The first is temporary spousal maintenance, which is payable from the date the petition for divorce is filed until the date of final orders, or when the final divorce decree is entered. Temporary maintenance is awarded on only a showing of financial need. She would have to show that she is in need of financial support in order to receive temporary maintenance. so long as there is a need and an ability of the other party to pay, spousal support may be awarded on a temporary basis. As for final or permanent maintenance, there are several factors the court must consider prior to such an award. The biggest of these factors is the length of the marriage. If you have not been married for long, i.e. 10 years or less, and so long as she is not disabled and is capable of working, it is highly unlikely you would be liable for permanent maintenance. Of course this is all dependent on your circumstances economically and the judge you happen to get. But it is doubtful she would receive permanent maintenance. Likely she would receive temporary
Answered on Jul 27th, 2011 at 5:15 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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It's highly unlikely that your wife will receive any spousal support. If she gets any, it will be for a very short period of time.
Answered on Jul 26th, 2011 at 2:09 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Simply stated, your obligation to pay spousal support begins when a judge says it begins - sometime after the divorce case begins. Until that happens, each spouse is legally obligated to financially support the other, but there isn't anything to define what that means in fixed dollars. Once the divorce case is filed, the court will have to decide whether to award spousal maintenance after reviewing all the facts and circumstances, including income, living expenses, debt obligations, etc. . While that decision isn't a simple case of following fixed rules, the major principle involved is a comparison of one person's needs with the other person's ability to pay. No one can give you a firm answer without having much more information, so you need to consult an attorney who can discuss everything with you face to face But, as a rule a marriage of less than a year does not normally justify any significant or long term award of spousal maintenance.
Answered on Jul 26th, 2011 at 1:51 PM
Spousal support would not be ordered in your situation absent extremely unusual circumstances. Your marriage was too short for spousal support to be an issue.
Answered on Jul 26th, 2011 at 1:15 PM
Glen Edward Ashman
Many things enter into a judge's decision. The length of the marriage and respective incomes are significant factors amongst many others. Her being in school may justify support (or may not). The one thing that is certain is that in a divorce you need a lawyer. Employ one ASAP.
Answered on Jul 26th, 2011 at 1:14 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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The likelihood of alimony under your circumstances is very, very low. In order for alimony to be awarded, she would have to have a legitimate need and you would have to have the ability to pay. If she is voluntarily unemployed because she is pursuing an education, then she would need to go get a job. Worse case scenario, you might have to help her out for a couple months, but even that is highly doubtful given the very short nature of the marriage. Typically, a claim for alimony wouldn't arise until someone is in at least a moderate term marriage of 7 years or more, although circumstances can exist for it to be established in shorter term marriages. Hope that helps!
Answered on Jul 26th, 2011 at 1:13 PM
Based on the extremely limited information you provided, it does not sound like she would have a strong claim to spousal maintenance. The court does take into consideration several factors, including the length of the marriage and the parties' abilities to support themselves.
Answered on Jul 26th, 2011 at 1:13 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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It's tough to say with the limited facts you provide. However, it appears that there wouldbe little basis for maintenance, or it would be a small amount and for a short time. There is noformula.
Answered on Jul 26th, 2011 at 1:13 PM
Roianne Houlton Conner
If you are married only a year, no she is not entitled to spousal support.
Answered on Jul 26th, 2011 at 1:12 PM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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The likelihood of you paying spousal support on the facts as you have outlined is very slim.
Answered on Jul 26th, 2011 at 12:54 PM