If two people are married, and the wife no longer wants to be in the relationship, and abondons the marriage and the husband, and she seeks alimony, is the husband required to pay it? The wife has detroyed the husband's clothes and other property. She no longer wants to be married and has left on her own leaving her married life behind. What can the husband do to not have to pay the alimony? From the way it looks, she wants the TV, the bed, her car- material items, and alimony. I don't see this fair since she ended the relationship- what advice can I give to the husband?
2007-05-25 10:16:16 · 11 answers · asked by CuriousMama 1 in Family & Relationships ➔ Marriage & Divorce
P.S.- They are very young- the husband is 21, the wife is 19. Only been married a little over a year.
2007-05-25 10:28:31 · update #1
in most u.s. states, they have now gone to no-fault divorce and alimony is by and large a thing of the past
sometimes the court will award alimony on an interim (temporary) basis, but it is doubtful she will get any long term financial support unless he is extremely well off or there is a large disparity in their individual incomes
even if she was just a house wife all her life, she will have to get a job
as far as community property, its a 50/50 split and has no bearing on alimoney or a decision regarding alimony
2007-05-25 10:21:32 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Your "Friend" should file for Divorce as soon as possible; because the Courts where they have been living will have jurisdiction over the marriage/Divorce. If she has moved to another State she should have to remain there for a specified time period to establish residency; before that State will have Jurisdiction. If she files elsewhere; he could have to go there to "defend" the matter; or possibly suffer bad consequences of financial claims or support; if he lets a claim go un-Answered.
The grounds for Divorce vary from State to State. Are something like "Indignities"; or "Differences" which mean that you cannot get along and do not want to live together. Only a couple of States have very strict Grounds; and most have "no fault" divorces for parties that have been separated over 2 Years.
"Abandonment" is no longer considered an issue, in the modern world. Marriage is not involuntary servatude. If the Wife is "able bodied" and they have not been married very long and have NO Children; there should not be any Spousal Support ordered. (Except maybe in California; if he is wealthy and she a hot babe). lol
SUPPORT ("alimony" referred to as: "spousal support")
First; the entitlement to Spousal Support is not just for a Wife. The Courts are not supposed to differentiate between the sexes any longer. If the Woman is the Higher Wage earner; she might be required to pay support to her Divorced Husband. The Two parts that are considered are:
"Entitlement' to support, which would vary according to State Law; and can be different according to the Jurisdiction and "Need" for support.
Generally; Permanant Support is generally ONLY ordered for long term marriages.
The main questions are:
1)the length of the marriage;
(2) the distribution of the marital property.
(3) the earning capacity of the parties.
Lastly "fault" can play a part in the distribution of marital property and/or spousal support.
Divorce is supposed to seperate the parties both physically and financially and continuing support is not preferred. If the Parties have income producing marital assets then the distribution of some of these assets can aleviate the need for spousal Support. Likewise; Retirement Benefits, which are also "marital property, the the extent that they were acquired during the marriage; can be distributed to the other Party.
Generally; Permanant Support is generally ONLY ordered for long term marriages. In the case of long term marriages, that have raised children together; if retirement benefits or other property division has not taken care of the needs of the parties; then support may be ordered. In a long term marriage support is routinely Ordered to continue care for a Disabled or medically needy spouse; of the wealthier party.
For shorter Term marriages the Court looks for "equity" (tries to do what is fair).
For instance if a Woman worked to put Her Husband through school. Then after he had become a Doctor; wanted a Divorce; then he might be required to also put her through school, and support her untill she got an equal education and could get a good job.
Regarding "NEED". If the Parties are able bodied; and of employment age support should not be ordered. However; if for some reason one of the parties is unable to support themselves; and the other has substantial resources; that will effect the ordering of support.
If the parties have children that receive Child support; and one Parent does not work; to care for young children; then spousal Support amount may be added to the child support amount for the primary caretaker. This amount is usually about the same as support for 2 children.
In a shorter term marriage; If a woman has never worked; at her Husbands request; then she might be qualified for Temporary Spousal Support; so she could obtain Training; or qualify for a job; or otherwise rehabilitate herself so that she can become self supporting.
2007-05-25 18:41:24 · answer #2 · answered by hand_pat 1 · 2⤊ 0⤋
In a divorce all marital assets are divided equally no matter WHO left the marriage no matter HOW they left the marriage, whether YOU think it is fair or not. Whether she gets alimony has yet to be seen since most states no longer award it unless one spouse did not work outside the home during the marriage and is in need of training as well as support until they can secure employment to support themselves, usually it is awarded for about 6 months. The only other case it is awarded is when the spouse is totally disabled and can not work. Just because one ASKS for something in a divorce doesn't the court is going to award it to them.
2007-05-25 17:28:06 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Are you the wife or the husband ?
Most likely the husband will not have to pay anything. Properties bought after marriage will be divided 50-50%. If you two do not agree, you will have to fight it out in court.
2007-05-25 18:02:06 · answer #4 · answered by kenneth h 6 · 0⤊ 0⤋
First we have to know what the husband did. Suppose she was abused physically or emotionally for all her married life, or cheated on repeatedly? She could have reasonable grounds for leaving the household, which means she could still be entitled for whatever she wants.
2007-05-25 17:20:40 · answer #5 · answered by ifuaskme 2 · 0⤊ 0⤋
Alimony is state to state, Divorce lawyer's are the best to answer.
2007-05-25 17:22:39 · answer #6 · answered by gbj 2 · 0⤊ 0⤋
Get a really shark like attorney and ask for the same things as she is aking for; only do it in spades.
2007-05-25 17:19:23 · answer #7 · answered by acmeraven 7 · 0⤊ 0⤋
If he has a good attorney (and a good judge) the way she left will be factored into the amount of settlement (if any)
2007-05-25 17:19:27 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You're watching too much TV. There is no alimony.
2007-05-25 22:08:50 · answer #9 · answered by Sondra 6 · 0⤊ 1⤋
go to a lawyer and get you one and the judge can figure it out for you.i think the ex needs to pay
2007-05-25 17:19:15 · answer #10 · answered by daisydolphinlover 2 · 0⤊ 0⤋