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I was married for 20yrs my ex worked the first 13yrs and went off of work on Long Term Disibility and now collects money for that but alot less then when she was working. So now that she lft me is she entitled to spousal support even thou she would still be working if not for her make beleif story that she is unable to work when she was able.

2007-03-13 03:51:10 · 5 answers · asked by Paul F 1 in Family & Relationships Marriage & Divorce

5 answers

you need some legal advice for that one.

2007-03-13 04:02:41 · answer #1 · answered by ladybug 5 · 1 0

Where a divorce or dissolution of marriage (civil union) is granted, either party may ask for post-marital alimony. It is not an absolute right, but may be granted, the amount and terms varying with the circumstances.
Factors affecting alimony:
Some of the possible factors that bear on the amount and duration of the support are:
Length of the marriage
Generally alimony lasts for a term or period, that will be longer if the marriage lasted longer. A marriage of over 10 years is often a candidate for permanent alimony.
Time separated while still married
In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage. Other U.S. states (such as New Jersey) do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage.
Age of the parties at the time of the divorce
Generally more youthful spouses are considered to be more able to 'get on' with their lives, and therefore thought to require shorter periods of support.
Relative income of the parties
In U.S. states that recognize a 'right' of the spouses to live 'according to the means they have become accustomed', alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. This tends to equalize strongly post-divorce income, heavily penalizing the higher-earning spouse.
Future financial prospects of the parties
A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not.
Health of the parties
Poor health goes towards need, and potentially an inability to support for oneself. The courts do not want to leave one party indigent.
Fault in marital breakdown
In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many U.S. states are 'no-fault' states, where one does not have to show fault to get divorced. No-fault divorce spares the spouses the acrimony of the 'fault' processes, and closes the eyes of the court to any and all improper spousal behavior.

2007-03-13 11:33:02 · answer #2 · answered by bibus75 5 · 1 0

It doesn't matter if she worked or not. Odds are you were the primary wage earner therefore you pay. But she was/is disabled for the past 7 years...you are going to ABSOLUTELY pay.

You can't get out of it.

Try an alimony buy out. That's what my ex and I did. We were married for 8 years...and I got $90,000 even though he only earned $33,000 a year.

Good luck!!!

2007-03-13 11:28:46 · answer #3 · answered by Anonymous · 0 0

you need a lawyer

2007-03-13 10:55:54 · answer #4 · answered by kat_luvr2003 6 · 0 0

CALL A LAWYER!!!!!!!!!!!!!!!!

2007-03-13 10:55:59 · answer #5 · answered by rhonda_seiler 6 · 0 0

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