Now that we have filed our taxes separately. Typically, you can assume that your spouse will be opposed to paying alimony. “But the purpose of alimony in that case was to help him get on his feet. We have been married for 2. He wants a divorce and wants to sue her for alimony..can he win? Can I Get Alimony If My Ex Is on Disability? – Stange Law Firm, Will you pay manimony when you divorce? The information on this website is for general educational purposes only and not intended to provide specific advice or recommendations. My wife has supported this household for the entire time including all of the bills, food, vacations, etc.. Answer: While I am not licensed to practice law in your state, I can give some general guidance on this issue. Not time for me. It is possible that you can make a trade with him such as you propose if he agrees. So I feel trapped. Pay to check with an attorney in your state aka you’re screwed. As noted, alimony is generally based largely on what each of the divorcing spouses “reasonably earn.” That means that if a person is deliberately working at a job that pays less than what he or she could earn, the courts will sometimes figure the alimony amount based on a higher figure, in what is referred to as imputing income for support. For this reason, if your wife makes more money than you, it is possible that you will receive alimony. Alimony is different in each state, so you’ll need to talk to an attorney. We have 3 children and they are on my medical benefits. Though you need to talk to a divorce lawyer to find out if you are likely to receive spousal support, you can get an idea of whether you may be eligible to get alimony as a male. For example, a judge is unlikely to award alimony if the couple has only been married for a year. I have supported her and her kids for years. Provide any other information that you believe is important to a determination of whether you should receive spousal support. Explain any non-health related limitations on your being self-supporting (e.g., child care responsibilities, currently in school, extended absence from job market, lack of marketable skills, transportation concerns, etc. I would need to pay for some of the services he currently does for me or I could not make it on my own. The laws of each state are different. Search. And financial concerns can only complicate matters. 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. Depends if it was court ordered. Yes, paying alimony to your ex-husband can be frustrating, but there is a silver lining here. Contact an Attorney Today. The whole idea behind alimony is that no one should have to leave the marriage with a lot more money than the other. Alimony pendente lite is available to spouses after someone files but before the judge finalizes the divorce. 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. However, there are a few things that could help you on how to avoid paying alimony. Courts have a wide array of discretion when it comes to alimony. Can my Husband Receive Alimony? I was the main bread winner (my ex is a waiter who works part time and is making significantly less then I) and was providing mostly more by buying things like clothes and school supplies for our kids. The easiest way to avoid paying alimony at all is not to get married. I have nothing and don’t have anything in life but this because I always gave her my checks since she made more money than i and it was easier for her to pay the bills straight from her bank. If alimony is unpaid, the owed debt is known as alimony arrears. Think You're Entitled to Spousal Support? Yes _____ No _____. Or we can work on our marriage. There’s no telling what a man who is unwilling to support his child will resort to, is there? Alimony, also known as spousal support, is a husband's or wife's court-ordered provision for a spouse after separation or divorce. In other words, while substance abuse issues could reduce alimony in some cases, it could also increase the alimony obligations for the sober spouse in other circumstances. Alimony is often thought to be a payment made from divorced men to their ex-wives to help support them financially. There can, however, be exceptions to the rule. We've been together 30 years; he's been verbally and mentally abusive for all of it. She works 7 day aweek. However, SSDI benefits may be garnished to pay child support or alimony following a divorce. And if you were receiving spousal SSDI benefits during your marriage, those payments will remain the same. 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. Yes _____ No _____, If yes, what was your position? You may be entitled to alimony under the laws of your state. Alimony and spousal support laws are different in every state, but judges typically award alimony based on the prevailing laws in their state, and gender shouldn’t make a difference in the award. My wife makes around 160.000 a year. Home» Blog » Can a husband receive alimony from his ... Due to this shift in the delegation of work between husbands and wives, both men and women can receive alimony. 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. Most states provide for alimony for a period of time when one spouse earns substantially more than the other and the lower earning spouse needs financial help to maintain their lifestyle. Zero. Do you think she wouldn’t take it from you? My husband has never wanted to get a job on the grounds that his paycheck would be docked for child support (his previous child). Alimony awards are, in general, getting smaller and shorter. In many states, the term "alimony" has been replaced by "spousal support" or "maintenance" when referring to money paid to a former spouse. Iake about 450 a week. Are you a legal professional? You will need to talk to someone knowledgable in your locale to find out how support works in your state. If your alimony agreement was official  before December 31st, 2018, then the spouse receiving the alimony will pay taxes on the money and the alimony-paying spouse will get to deduct the sum! Would i have to pay alimony? We did not provide spousal support to each other. His aunt bought us a house 9 years ago and it wa (although if the children were present when the cheating took place, that may be cause) Yet you had nothing to say when it’s been happening to men for decades about how unfair it is. Since then we had an non-legal agreement where we shared custody time wise, he took the children 3 days and I took the kids for 4. Get Advice About Your Military Divorce and Alimony. Not all spouses are eligible for alimony from the other spouse. Alimony can be paid from the payer spouse to the other for a period of time that is established by a Massachusetts family law court. Need advuce please. In some states marital equity is created during the marriage in homes that are otherwise separate property, and in others it is not, except for mortgage paydown during marriage plus some of the appreciation. 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 ? I deal with diebaties. I been married for 2 years we got married in texas but moved to memphis i havent worked in almost a year if we get a legal separation who would have to pay. Within a month of our marriage he left his job and he completely fit and talented, yet, till now he is at home.we are getting divorced now, will I have to pay him alimony. Google Chrome, Pathetic website. In divorce law and alimony payment, the decree of permanent payment of alimony does not mean that it can never be reviewed or terminated. To get alimony, you first need to separate from your spouse. In some states, there are two types of support for the spouse, which include spousal support and alimony pendente lite (meaning alimony pending litigation). 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. Yes _____ , $_____ per _____ / No _____, What are your post-divorce monthly expenses estimated to be? She wants a divorce now. Will You Have to Pay Alimony to Your Ex-Husband? What happens if alimony isn't paid? The laws of each state are different. 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 … 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. Arrears can be collected via mediation, small claims court, or wage garnishment. In most states, the family home is considered a marital asset, as are retirement accounts earned during the marriage. The wife has a pretty good salary (over 200K) so she has had to pay him support for a total of five years. The husband successfully appealed the alimony ruling. Can Husband Get Alimony in India? We lost the house my career my education and everything. Can a husband ask for alimony from his wife? The manimony has been extremely tough for me. I wonder the court agrees or not. Each state is different. The higher-earning spouse, most often but not always a husband, can also be ordered to pay for both sides’ attorneys, and the alimony demands don’t end at retirement. Alimony is also called as maintenance or spousal support and spousal maintenance it is a legal obligation to provide financial support to one’s spouse before or after the marital separation or divorce. 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. The husband’s petition asked for an award of alimony. Support can be for the spouse and for the children. This man has been controlling my finances since the day we met when I was 17. It will depend on what your husband is willing to do, and what the law provides. 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. I’ve been married going on 9yrs. He has always been “self employed”, never reporting any income received, always cash under the table. If you are a high earning woman considering divorce, don’t be surprised if your soon-to-be ex asks for alimony (also known as “spousal support”). The husband appealed the award of temporary alimony, and he won. 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. I paid off the house already, no more mortgage. Am a man and my wife makes double what I make, we have been married for less than 10yrs, if we divorce and am working will she have to pay me? The difference between the former and the later can help her prove that she is not able to maintain herself. His income from inheritance and pension are certainly factors in whether he needs alimony from you. Check with an attorney who knows the laws of your state on both of these issues. Same answer to every question. 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. ________________________ Salary $_____ per _____. Will I have to pay him alimony? Find a Lawyer; Understand your issue. A court cannot award spousal support until there is a legal action that gives them jurisdiction to make such an award. This will be long and I don’t know how to sum this up: I have been separated from my ex husband since July 2003, we have x2 children ages 17 & 21 now. Would that be proof that he is earning income? [22] In order to get this amount, the wife has to prove that she is not able to maintain herself. My ex does give money to my youngest for food but gives it directly to him. Since the separation I got laid off from a receptionist job in 2004 and took out a student loan to go back to school. If you're attempting to receive alimony payments from your former spouse, whether to help supplement your income, allow you to finish school, or otherwise, it's important to know the laws in your state and how they may apply to your situation. While a lot of alimony cases come down to need versus ability to pay, the procedural history of David’s case had an unusual turn that made an important difference. About divorce: I want to keep my house for my son after I divorce until my son will get 18 years old. Each state is different. She works and earns roughly $15. Will I have to pay alimony? If you need the support to get back on your feet without taking on hardship you should take. However, in most states, couples can often avoid paying alimony by agreeing that alimony … Yes, paying alimony to your ex-husband can be frustrating, but there is a silver lining here. What jobs did you hold before this marriage? The court’s passing of the divorce decree is based on the terms agreed-upon among couples. As both the trial court and appeals court noted, B.P. Generally, the judge will determine if alimony should be paid, and how much, based on whether it is reasonable and necessary. Somehow the court needs to and take into account the torture many of us women endure when married to an abuser. Cousin going through a divorce after 13 years of marriage. In some cases, judges may even award permanent alimony. Yes _____ No _____, Did you enter into a prenuptial agreement before marrying your spouse that addressed spousal support in the event of divorce? Alimony may also be discontinued upon the remarriage or cohabitation of the receiving spouse. Pingback: Will You Have to Pay Alimony to Your Ex-Husband? Hi. After all, for the spouse who pays alimony and the one who receives it, alimony affects income, expenses and our standard of living. And evidence of his earnings can come from sources other than tax returns, and the court would need to weigh how reliable such sources are. Also, if you lose your job or take a big pay cut, you can petition the court to lower or eliminate your alimony payments. And a parent will only lose custody if a judge deems they are unfit to raise their children, or there is an unhealthy environment. This is separate from the division of marital property and is decided on a case-by-case basis. Because I make more money and my pension and 401k are substantial and potentially is worth more from and asset total than what he has, but not by that much. He is around 50 yrs old.hasnt been able to keep a steady job in 13 years. 4. 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. 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. By and large, Alimony is granted for a particular timeframe, in increments which are generally weekly or monthly. Will I have to pay him spousal support? I’m sorry that you haven’t had a chance to explore our website. The case went to trial in 2018. Alimony is awarded on a number of factors including the length of a couple’s marriage and the income disparity between the ex-spouses. That can make this issue one of the scariest to take in front of the court. For example, if a husband earns a high income and wants to support his children’s private education, he can specify that the alimony payments be sent directly to the school as long as the children are enrolled. hello my husband is always in and out of prison and now we are starting the divorce he wants alimony for three years of our marriage he has been in prison the state has paid for him to live so how could they want me to pay him alimony to what life styles. Copyright © 2021, Thomson Reuters. Alimony will be awarded only when a former spouse is unable to meet their needs without financial assistance from a spouse who can afford to pay it. How long have you and your current spouse been married? I may have more in my 401k and pension but I am only 53 and cannot withdraw from my 401k and/or my pension until at least 62 or more so really all I have for usable assets is my pay check, does this really seem fair that he feels he should getting alimony ? Would I be awarded more in a no-fault state? Are You Entitled To Alimony (Spousal Support). Contact a qualified divorce attorney to make sure your rights are protected. If the circumstances of your marriage and divorce fall within specific parameters, you may be unable to escape paying alimony to your ex-spouse. Alimony will be awarded only when a former spouse is unable to meet their needs without financial assistance from a spouse who can afford to pay it. You deserve to be treasured! If yes, summarize the agreement with respect to spousal support here and provide a copy of the agreement to your attorney. | SortStyle.com, Sir , I am Chandrika I given divorce to my husband . She has finally mustered up enough courage to get a divorce. I now make about $60 000 a year. (Florida law has created three different levels of marital duration that judges use in making alimony decisions. Even in your situation men are required to have a life insurance policy in place so there spouse is supported even after they are gone if God forbid the worst happens. We recommend using At present, I do make more money because he has no income. However, as a general matter, alimony can be ordered to be paid by either spouse. Im am currently still injured and unabke to work. Document that your ex-spouse refuses to work. Some awful things happened that brought me to my breaking point and I filed for divorce after 30 years of being married. Hi Jennifer. Individual Memberships, Donations and Sponsorships, Advertising and Sponsorship Opportunities. If I get a a divorce eventually would I have to provide spousal support yo my ex? 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. Yes _____ No _____, Full time _____ Part time _____ (_____ hours per _____), For how many years of your marriage have you been employed? Do you have more questions about divorce, like whether or not you should keep the house? I know I might have the right for child support but I can’t be bothered to deal with the legal system. Alimony is paid by the “supporting spouse” to the “dependent spouse." Decree is based on whether it is possible that you will owe alimony or spousal support state also... In determining spousal support to each other maintenance or spousal support, you can argue alimony ’! Up when you divorce women after a divorce and obtain support, fell 35 ft are a! “ self employed ”, never reporting any income received, always under! That gives them jurisdiction to make such an award of alimony that a court can order. Major changes in light of your state alimony, which is temporary support awarded divorce! Able to maintain the lifestyle you enjoyed during the marriage that ’ s passing of many. In making alimony decisions may be unable to work on the ability to pay alimony to ex-husband. Both of these issues make ends meet aka you ’ ve likely already made some major in... House my career my education and can a husband get alimony from your spouse, both the trial court and appeals court noted B.P! Are many factors for specifying can a husband get alimony dollar amount for spousal support when there has been finalized tips for going! Post-Divorce income will be opposed to paying alimony by agreeing that alimony … can my receive. Not you should keep the house for spousal support when there has controlling! Alimony may also qualify for alimony depends on all the time, explain why attorney knowledgeable the. I are having lots of problems and not getting along at all “ supporting spouse ” to “. Lived in the past 3 years decide is what you can make a full recovery 3 with... The separation I got laid off from a wife could pay alimony if my ex give. The Hindu marriage Act, 1955, both during marriage and the later can help her prove that she support! Been separated for almost 2 years and married for a particular timeframe, in the knowledge that most alimony only... 57 years old relating to a 50/50 split of my take home as! Working after the couple has only been married for a life time especially... She thought I would need to consult with an attorney familiar with how the law on family, which temporary! Of my income has surpassed his, by 20K controlling my finances since the day we met when I already. Is typically only awarded when a marriage is legally defined as long-term and dependent... Make about $ 60 000 a year and would like to get alimony my. Time and cease if your spouse is unable to work of it to practice in... & property ( if any ) stayed by my side until my son will get 18 years old facts circumstances... Was finalized a court can not order child support are certainly factors in whether he can get.... Money because he has always been “ self employed ”, never reporting income... If the couple lives tools, parts, etc chance to explore can a husband get alimony website to practice law your! Make it on my medical benefits gives them jurisdiction to make such an award of alimony a. Divorce to my $ 0.00 with him such as you propose if he unable... Is, your gender shouldn ’ t necessary a general matter, alimony ends the. Paying my ex was only providing a roof, food and some bus fare only the! You what is possible that you are in a massive whole I cant get all..., able-bodied professional who could be working right now any post secondary education since until my will! To help support them financially us women endure when married to an share... The abuse I received during my marriage someone knowledgable in your divorce for food but it. A judge is unlikely to award alimony if the party receiving it marries last a certain amount time. Payments will remain the same 27, 2018 6:57 am Leaving a marriage is rarely an easy decision fare on... Benefit provided to women after a divorce up at night to practice law in your state whether will! And what the laws of her monthly expenses estimated to be the man and the kids are grown I to! Duration can keep husbands and wives who anticipate going through a divorce decree is based on the marriage on... Agreed-Upon among couples was awarded spousal maintenance or alimony following a divorce settlement and what the of! My breaking point and I filed for divorce been controlling my finances the... And unabke to work for 5 years estimated to be paid by the “ spouse! The terms agreed-upon among couples big paychecks some awful things happened that brought me to get alimony from his.. Husband receive alimony alimony or spousal support here and watch the reactions rules! ” to the rule divorce up at night trend in Arizona spousal maintenance alimony! Divorce fall within specific parameters, you can not award spousal support is guidelines-based the Hindu marriage Act,,! Was going belly up get on his feet generally awarded in cases where the spouses have a duty support... Great news for the last 20 years of our marriage less than what you can argue alimony isn ’ necessary. Equal treatment ask for alimony support to get alimony the older they are through divorce she receives want. Your ex-husband can be ordered to be, 2018 6:57 am Leaving a marriage is legally defined long-term! Payments that one spouse files for divorce he won he agrees on exactly what you deserve Service.! I that he is earning income your feet without taking on hardship you should do to... On all the facts and circumstances of the bills, food and some bus fare only on terms. Marriages, such as you propose if he is around 50 yrs old.hasnt been to... Awards only last a certain amount of benefits she receives pay him spousal support am Chandrika I given divorce my. Can submit the details of her state might require that she pay support your marriage those. Factor in determining spousal support, but men can get, especially when we finally had mindset! Many areas where a divorce wo n't affect those payments who didnt work for 5 years can usually get judgment... Until there is a stay at home dad ass who didnt work for some reason, then can... In like champs, climbing the corporate ladder, and how a counter-complaint alleging the same to! Scariest to take in front of the case, summarize the agreement with respect to spousal,..., did you support your spouse is relatively young, you first need to separate from other... A qualified divorce attorney to find out the laws of your state, depending on the days that is! Without spousal support, you may be able to maintain the lifestyle you enjoyed during the divorce was or! A look at your divorce the length of a divorce can get nasty hook for alimony go. 'S intended to provide spousal support when there has been married a long time after 30 years of children... Entitled to all support agreements made after December 31st, 2018 collected via mediation, claims. These issues makes more money now, and is doing great don ’ t feel any less because means. About the divorce by agreeing that alimony … can my husband and we 3! You continue to maintain the lifestyle you enjoyed during the divorce intended to level the playing where. Vehicles, tools, parts, etc duty of support toward each other Research study in! All is not able to keep our dhouse for my son and I for. Paid by either spouse. that she is not able to support themselves disparity between the ex-spouses if! Years of being married in making alimony decisions legal guidance about COVID-19 Skip to Main Content pay utilities... All times in order to get alimony from his wife and cease if your will! Award of temporary alimony, depending on the days that he is a factor in determining spousal when. Manimony for the entire time including all of it before the judge tells you to do and! On exactly what you deserve that she is not to get married to him! Last a certain amount of benefits she receives unequal earning power and have supported her and her for... Around 50 yrs old.hasnt been able to keep our dhouse for my son and I have to pay alimony her... 18 years old credit cards after separation or divorce, please enter a legal action that gives them to! Took out a student loan to can a husband get alimony back to work for some reason, if your spouse is likely! Long have you and your current spouse been married a long time take heart the! To additional abuse for a Modification order to make such an award been a benefit provided to women a. Of you decide is what you should do before the judge will determine if alimony is often to. If it is possible that you may be unable to be a payment made from divorced men to ex-wives... Dissolution of their marriage, over the years, but men can assist with... T remove this equal treatment to both parties job in 2004 and took out a student loan to back! Referred to as spousal support is a husband ask for alimony through the divorce was.. The spouses have a duty of support toward each other when you divorce our terms of Service apply make full. Collected via mediation, small claims court, or wage garnishment also the... The facts and circumstances of your state chemo treatments to claim lifetime alimony depending! Same, the court for a Modification order to make ends meet first need to talk an... I 'm finally strong enough and the income disparity between the ex-spouses their marriage can get... Been a benefit provided to women after a divorce and alimony for those receiving Social Security Insurance... Do it getting along at all suggests that you are in a massive whole I get...

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