Q: What are the stipulations for alimony if I get a divorce (but with only an income of $50,000.00 a year) He doesn't work!
I have been married for 6 years; I want divorce. He doesn't work he's been found fully disabled but doesn't receive benefits due to my income ($50,000.00 yr.) he has threaten that he will file for alimony if we divorce. What are the chances that will be awarded alimony? We don't have any children together and the house is in my name.
A: The court is going to look at his need, your ability to pay, and determine if they're going to award him any spousal supports, if he requests it. There is no statute or guideline as to exactly when spousal support is awarded. If you file for divorce, and he files an Answer asking for support, then I would highly suggest you hire an attorney to represent you. Spousal support could be a lump sum or it could be for a period of time. And that length of time will be up to the judge. As far as the house is concerned, if it was purchased during the marriage, the fact that it's in your name is not necessarily a factor. If you want the house to be awarded to you in the divorce and he doesn't want it and/or cannot afford it, chances are good the court will give you the marital residence. But again, I think it's better that you speak directly with an attorney and at least get more information from a consultation.
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