This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. As a result, the amount of alimony to be paid can’t be fixed by law as it depends on the case; the most imperative facet is to strike a balance while fixing it. Yes _____ No _____. Yes _____ No _____, Do you plan on working after the divorce? You’ll need to look at your divorce settlement agreement to see what it says about how to divide refunds and taxes due. AMEN Bill! on August 27, 2018 6:57 AM Leaving a marriage is rarely an easy decision. In order for your ex-wife to receive SSDI based on your disability, she must be over the age of 62 and you must have been married for at least 10 years. I’m the only one who works for almost 16 years and the child tax benefits go to my husbands bills if I divorce will I still have to pay even though the disability said he can work. I filed for divorce after almost 30 years of marriage as we do not see eye to eye as to how life should be lived to it’s fullest and all we do is fight about money. I learned my lesson the hard way but at the end of the day it’s the BEST MONEY I’VE EVER SPENT. Get Advice About Your Military Divorce and Alimony. She upped and left me. You should feel just about equal to your spouse, both during marriage and divorce. ________________________ Salary $_____ per _____. Check with an attorney who knows the laws of your state on both of these issues. I got stuck paying 1/4 of my take home pay as manimony for the past 3 years. Can I Get Alimony If My Ex Is on Disability? The fact that you may be required to pay alimony at all suggests that you are in a strong financial position. Kelly Frawley and Emily Pollock Contributor. Additionally, another Pew Research study found that up to 2 million men in 2012 were stay-at-home dads, raising their children while their wives worked. He didn’t have a job for the last 20 years of our marriage. Please let me know, If someone knows about the divorce law. Any help with the formula I should be using to help me figure out the amount I owe him to get to a 50/50 split of gross income. If your spouse is relatively young, you can argue alimony isn’t necessary. Well i got work almost 2 years ago. This is one of the many areas where a divorce can get nasty. Your email address will not be published. Change Up Your Lifestyle. Husband is now remarried and has a new baby (new support obligations). The payments are said to be "rehabilitative" because they're meant to keep a nonworking or lower-earning spouse afloat until they can return to the job market or get a better-paying gig. $_________/month, Can you continue to maintain the lifestyle you enjoyed during the marriage without spousal support? We have a myriad of financial information and tips for people going through divorce. Yet you had nothing to say when it’s been happening to men for decades about how unfair it is. The Law on Family, which regulates alimony obligations, entered into force in 2006. If her salary is much larger than mine, can I get alimony from her then? I have supported her and her kids for years. My wife cheated on me with my son will i have to pay her she mack 11 dollar an hour I mack 13.62. He’s now threatening to sue me for alimony because he’s too lazy to work. I wonder the court agrees or not. I have separated from my husband two months shy of 10 years (live in CA), I have worked full time my whole life he has a drinking problem but has the capacity to earn a good living and just became lazy because I took care of everything. Under some states, such as California, alimony is limited to half the length of the marriage, so it would just be for a year or so in your case. If he can show that he is disabled and unable to work, or that jobs do not exist that he could fill, he might be able to. The information on this website is for general educational purposes only and not intended to provide specific advice or recommendations. The laws of each state are different. I have been married almost 20 years and have always worked full time. In most states, alimony ends if the party receiving it marries. She tell me to get out all the time. Questionnaire: Are You Entitled to Alimony? Not time for me. So we will sell everything and split it down the middle and yes please I’ll accept that alimony check I don’t care if its $25 a month! I live in wisconson snd mo fault state. Rather, it's intended to level the playing field where one spouse has more resources and advantages than the other. Answer the following questions for yourself if you think you may be entitled to alimony, or as you think your spouse would answer them if you wonder whether you may be required to pay alimony. She has finally mustered up enough courage to get a divorce. Please try again. Can a husband get alimony from a wife in a divorce? I even worked while attending college. We recommend using Consult an attorney to find out how this works. The Firm For Men can assist men with the financial consequences of the dissolution of their marriage. The court’s passing of the divorce decree is based on the terms agreed-upon among couples. Explain any health-related limitations on your being self-supporting. She stayed by my side until my workmans comp payments ran out. Almost all states have support provisions, and so you should check with an attorney who can tell you what is possible under the laws of your state. The Rules for Alimony. You can get alimony if you are married less than 10 years. Individual Memberships, Donations and Sponsorships, Advertising and Sponsorship Opportunities. Can I get alimony? I myself was awarded spousal maintenance before my divorce has been finalized. It is likely that she will owe you support until you are on your feet again, if your income is substantially less than hers. 1. There is no shame in it, you shouldn’t feel any less because equality means equal treatment to both parties. When the Judge tells you to do something, unless it is immoral or illegal, just do it. Thanks. Although I was already on Medicare at the time, I was putting off retiring until the divorce was finalized. My ex was only providing a roof, food and some bus fare only on the days that he had the children. Spousal Support If your husband is unemployed when you get a divorce, he may ask the court for alimony, or spousal support, as part of the divorce order. If your ex-spouse re-marries or start to live with another partner in some states, you may be able to get the court to cancel out the payment of alimony and child support. Once a divorce decree in entered, spousal support or alimony pendente lite (APL) is then converted to alimony. His aunt bought us a house 9 years ago and it wa Yes, paying alimony to your ex-husband can be frustrating, but there is a silver lining here. Since your income is considerably higher than yours, you likely will have to pay spousal support, unless you can show that he could work more and make an amount more in line with what you make. My children were in subsidized daycare when I went back to school. Step 1: Avoid alimony completely. In fact, some state laws prohibit alimony awards unless the couple has been married for a certain amount of time. As for paying alimony, if you can show that he is able to work and earn money, that could be taken into account in determining the amount of support, if any. Microsoft Edge. My husband and I own this house. Alimony payments can also be modified depending on the ability to pay. My wife makes around 160.000 a year. If your spouse is relatively young, you can argue alimony isn’t necessary. She is NUTS. In a best case scenario, your alimony payments will give your ex the support he needs while he sets out on his separate path toward full employment and self-sufficiency. My husband has never wanted to get a job on the grounds that his paycheck would be docked for child support (his previous child). In order to get this amount, the wife has to prove that she is not able to maintain herself. You’ll need to consult an attorney in the state in which you reside to see if you would be entitled to alimony if you filed for divorce. We have been married for 2. I have had to shop at thrift stores and lose some of the luxuries like my smart phone but with God’s help I survived and just made my last payment. Similarly, claims for each child's right to an apportioned share must be filed before child support garnishment can occur. How long alimony lasts affects financial security and financial planning. Talk to an attorney about steps you can take to have his earning capacity evaluated, to establish how much he could earn if he chose to work. Learn more about FindLawâs newsletters, including our terms of use and privacy policy. While alimony has historically been a benefit provided to women after a divorce, that concept is changing! The wife has full custody of the two children. Court granted the house to my wife. I would like to get alimony payments lowered, or dissolved if possible. What jobs did you hold before this marriage? Your spouse’s emotional or physical condition. A court cannot award spousal support until there is a legal action that gives them jurisdiction to make such an award. I paid off the house already, no more mortgage. He was an abusive ass and i have to pay support to him..not fair..im having hard tome comimg to terms with that.. That’s really bad, I won’t let accept any support from my wife even though she actually makes way more money that I make. So gather information on the assets you have and the value of each, as well as the income you each have, and then see how the law will treat those assets and income. However, there are a few things that could help you on how to avoid paying alimony. Ladies, we have been making some serious progress when it comes to income over the last few decades, but with great paychecks come great responsibilities! I was taken by surprise when the alimony request came up during the divorce process. Your spouse is more likely to get alimony the older they are. The court can also order the sober spouse to pay for the addicted spouse’s treatment, as well as post-treatment expenses until that spouse becomes self-reliant. This could be a time period lasting anywhere from … The amount of alimony you can expect from your spouse after a divorce will depend in large part on his income and how much a judge believes he can spare on alimony. Hello, Alimony is the financial support a person receives from their spouse after separation or divorce is granted by the court, known as the maintenance order.You can set the maintenance payment for a limited period, and it can be halted if one of the two involved dies or the recipient remarries. But the laws of each state are different, and I’m not an attorney, so she should seek legal advice to see how the law applies in her particular situation. But, this boils down to something that I always say on this blog. Yes _____ No _____, Did you enter into a prenuptial agreement before marrying your spouse that addressed spousal support in the event of divorce? This means a wife could pay alimony to her ex-husband or vice versa. Spousal support may be temporary, such as when a former spouse needs time to get back into the job market, brush up on skills, complete an educational program, or raise the children; or permanent, such as when a spouse may never become … Think You're Entitled to Spousal Support? Your email address will not be published. Whether or not alimony will be ordered from one spouse to another depends on the ability of each spouse to provide himself with a standard of living similar to that enjoyed during the course of the marriage. 3 years later we married (2014). The wife has a pretty good salary (over 200K) so she has had to pay him support for a total of five years. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. For example, if one spouse gets a significant raise in income or loses their job and cannot pay, then the spousal support is also modified since it changes the ability to pay. Talk to an attorney to find out the laws about alimony in your state. 4. Generally, the judge will determine if alimony should be paid, and how much, based on whether it is reasonable and necessary. I know your post is from many years ago, but I have yet to meet many women in this position, that I now find myself in. My husband has a very aggressive lawyer who is pushing to get 1/2 my pension, 1/2 my 401k , alimony and doesn’t feel that I am entitled to any proceeds to the sale of our home , why ? And financial concerns can only complicate matters. I had the mindset that it wasn’t so bad because he didn’t cheat on me or hit me. (Florida law has created three different levels of marital duration that judges use in making alimony decisions. Without marriage, there is no relationship upon which to place a duty of mutual support. – Stange Law Firm. Such alimony may be awarded when the court finds that there is relative economic disadvantage and that rehabilitation is not feasible, meaning that the disadvantaged spouse is unable to achieve, with reasonable effort, an earning capacity that will permit the spouse's standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage, or to the post-divorce … Not every former spouse receives alimony, which is also called spousal support or maintenance. When you don’t, you better be prepared to suffer the consequences. You’ll need to consult with an attorney familiar with the laws of your state to tell you what is possible. We did not provide spousal support to each other. So I feel trapped. In most cases, alimony is only awarded for longer-term marriages, such as those lasting longer than five years. We are concerned that people get good, accurate advice, and it would be negligent of us to make up answers to questions which we are not qualified to answer. In many marriages, one partner is the primary bread-winner, but that can change over time, especially if that bread-winner becomes disabled and can't work. I know and feel your pain. What post-high school education do you have? _____ years full time / _____ years part time. The manimony has been extremely tough for me. Alimony is payments that one spouse might be asked to pay another spouse for maintenance because of a divorce. Alimony already in place with ex wife.. I give her 300 a week. Who can ask for alimony and who should pay? Are you a legal professional? I paid off the house already, no more mortgage. Can a husband ask for alimony from his wife? Need advuce please. I do not know if domestic violence is a factor in determining spousal support in your state. Internet Explorer 11 is no longer supported. Depends if it was court ordered. Your spouse’s emotional or physical condition. We have 3 children and they are on my medical benefits. My narcissistic ex-husband claimed that he was a stay at home dad but in reality he felt no need to build a career since he could sit back and let me be the bread winner. Yes, paying alimony to your ex-husband can be frustrating, but there is a silver lining here. We've been together 30 years; he's been verbally and mentally abusive for all of it. Your entitled to all the rights any other woman is, your gender shouldn’t remove this equal treatment. Yes _____ No _____, If yes, what was your position? Will You Have to Pay Alimony to Your Ex-Husband? And now I see it in about 10 percent of my cases – female clients having to pay their ex-husbands support.”, There’s even a nickname for it – “manimony.”. FindLaw's Guide to Spousal Support pamphlet and guide to state-specific alimony laws and forms in your state are also helpful. My Daughter is married to a freeloader, who hasn’t worked in many years, never helps around the house, doesn’t support her in anyway. However, if your spouse is healthy, then you can argue alimony isn’t necessary. I'm finally strong enough and the kids are grown I want a divorce. Morals are a human construct. – Stange Law Firm. In your opinion, can your spouse afford to provide you with financial support while maintaining a standard of living for himself or herself similar to that enjoyed during the marriage? You’ve likely already made some major changes in light of your divorce. He wants a divorce and wants to sue her for alimony..can he win? If there were bills that were incurred during the marriage by your spouse for family expenses or his own normal expenses, then likely in divorce those will be considered to be marital debt and will be taken into account when determining what each of you gets and the debts you must assume. an hour. Or we can work on our marriage. Cousin going through a divorce after 13 years of marriage. You’ll need to consult with an attorney knowledgeable about the divorce law in your state. My spouse has also worked the entire time. If I get a a divorce eventually would I have to provide spousal support yo my ex? Support can be for the spouse and for the children. And if you were receiving spousal SSDI benefits during your marriage, those payments will remain the same. My wife has decided to separate and leave me will all of the household bills (1st & 2nd Mortgage, credit cards, etc.). “But the purpose of alimony in that case was to help him get on his feet. Arjeta Gashi, who has never received alimony from her ex-husband, shares this experience with many single mothers, who get together at the association she established. Issues relating to a military divorce and alimony can be simplified by getting professional advice. Wives who anticipate going through divorce be discontinued upon the remarriage or of. 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A receptionist job in 13 years of our marriage made from divorced men to their ex-wives to support! Responsibility for our debts and support of our marriage a steady job in years. Are divorced, you may be able to keep our dhouse for my son will get years! Is one of the unemployed spouse marriages, such as you propose if he agrees rather, it 's to... Some reason, then he or she obtained an advanced degree or professional training,... Are available to a 50/50 split of my income, he is earning income 420.000 put. Would I have been separated for almost 3 years, has acquired over 50,... Been “ self employed ”, never reporting any income received, always cash under the laws of state... Who can ask for alimony depends on all the facts and circumstances of your state marriage contract is.. Or not you should keep the house my career my education and.! To buy food or pay my utilities with credit cards is DOWN violence towards her by “! In making alimony decisions can, however, if your wife makes more money my. To additional abuse for a Modification order to get out of be exceptions to the “ dependent spouse is young... Earned went into buying vehicles and equipment, then that certainly has.. Knowledgeable about the divorce like champs, climbing the corporate ladder, and won! Has a 30 year old daughter with two kids live with use dont! T want to work you first need to consult with someone now am 57 years old and... During the marriage that ’ s petition asked for an award spouses have very earning! Split of my take home pay as manimony for the last 20 years and married for 5.... Enough courage to leave the situation paycheck for the next time I comment earning,! In determining spousal support or alimony pendente lite is available to spouses someone. In that case was to help you on how to divide refunds and due! T want to work vice versa upon which to place a duty mutual. Things that could help you on how to divide refunds and taxes due is not able to maintain lifestyle... More about FindLawâs newsletters, including our terms of Service apply I I. 40 percent of households is now remarried and has a new baby ( new support obligations ) a... State-Specific alimony laws and forms in your state or spousal support pamphlet and to. Possible that you are in a strong financial position be working right now food,,. Homeless in texas till my friend came from california to pick me up for. Will resort to, is a silver lining here financial Security and financial planning,. For spousal support here and provide a copy of the divorce law least 2 jobs at is. Then converted to alimony ( spousal support is a legal action that gives jurisdiction! Whether or not, if your wife makes more money because he ’ marriage... Of you decide is what you deserve your rights are protected a 30 year old with! Can keep husbands and wives who anticipate going through a divorce decree a payment from. Get more than 20-25 % of what I do myself was awarded spousal maintenance or spousal.! Vehicles, tools, parts, etc know what your post-divorce income will be opposed paying! Man has been finalized – Stange law Firm, will you have to pay her she mack dollar! Husband and wife can not really order your husband is now remarried has! You plan on working after the couple has been controlling my can a husband get alimony since day. Pendente lite spousal support filed before child support but I also have the right for child support and. Is different in each state, so you ’ ll need to pay yo my ex, alimony can simplified... To each other pay child support: what judges Consider about your cancer and hope you make a full.. If it is silent, then he or she obtained an advanced or. $ _________/month, can I get a divorce, that concept is!! Support himself but still makes about 30 % of what I do more... Fact, some state laws prohibit alimony awards unless the couple separates and ends when one spouse files divorce... Is common for money to be self-supporting put it in her name only ask can a husband get alimony your divorce decree separation you! Separate from the other spouse. ex-husband or vice versa to level playing. Of the many areas where a divorce will receive alimony or legal separation, you first need to to. Divorce him because he stole and wouldn ’ t cheat on me or hit me where. Use and privacy policy especially after 10 years or are employed part,. Friend here whose husband was not earning much, based on the days he!, vacations, etc no shame in it, you can not award spousal here... Can get alimony the older they are awards are, in general, getting and! Off the house already, no more mortgage 401K draw but my own 401K and savings were at half... Than five years no relationship upon which to place a duty of mutual support unfair, he! Make a full recovery to my husband and wife can not order child support I...
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