May 2006

Monthly Archive

Can I Get Alimony?

Summary

The alimony law in most states bases alimony (also called “maintenance”) on the need, the relative financial position, and the lifestyle attendant to each spouse.

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“We have been married for almost seven years, and I just found out that my husband has been having an affair for five years, and is moving in with her. I have a good enough job, but I feel that he should have to pay for what he has done to me. We have no children. Can I get alimony under alimony law?”

I’m sure that you are hurting now, and I’m sorry for that hurt. The alimony law in most states bases alimony (also called “maintenance”) on the need, the relative financial position, and the lifestyle attendant to each spouse. What that means is that the court is unlikely to give you alimony if you are the higher wage earner, or if you and your spouse both earn about the same amount, unless there are financial reasons for providing you with maintenance.

If you earn substantially less than your spouse, and need the alimony or maintenance to offset a great disparity in your income, the court may award you alimony or maintenance, however in such a case, and given the relative shortness of your marriage, it is likely to only be for a few years to help you get back on your feet. In fact in some states, such as California, when the court awards alimony they will give you a strict warning that the maintenance will last only a certain number of years (usually half the length of the marriage), and that the court expects you to become self-sufficient in that time.

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Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.

 

How Do I Know When to Ask for Pendente Lite Alimony?

Summary

“How do I know when to ask for pendente lite alimony?”

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“How do I know when to ask for pendente lite alimony?”

Pendente lite means “pending litigation”, or, basically, before the trial starts. So what you are asking is whether you should ask for alimony before the court determines how much alimony you are actually entitled to or, indeed, whether you are entitled to alimony at all.

Pendente lite alimony is awarded at the Court’s discretion, and is typically used to help cover the cost of maintaining marital property, bills, etc., until a final award is ordered by the court.

However, and this is an important however, it often used to help fund the legal action itself. In other words, if the financial imbalance between the spouses is so great that one spouse can afford effective legal representation during the divorce, and the other spouse is unable to afford to retain an attorney, or to pay them, in order to protect their marital assets and rights, then the court may order the financially stronger spouse to pay alimony pendente lite to ensure that the financially weaker spouse has enough funds to see the divorce action through.

It is important to bear in mind, though, that if you get an order for pendente lite alimony, and in the end the Court determines that in fact you do not really need or are not entitled to alimony, the amount you received pendente lite could end up being deducted from any divorce settlement you receive and you could even end up owing your spouse money and having to pay it back.

Get notified whenever ANY new article is posted to DearEsq!:
*We NEVER share your email address with anybody!


Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.