Reply to How much alimony do you get if you were married for less than 2 years?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Divorce lawyer here:

--Her best hope for support is on a temporary basis, from the period of time that a lawsuit is filed until the divorce is entered. Since that could take close to a year if the case is contested, she should consider filing asap.

--In some states, a factor the court considers in awarding spousal support is whether a marital decision was made which affected a party's earning capacity, employment, career, etc.  For example, in VA, the relevant part of the statute reads, "The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market..."

--Since by the time the trial date happens, the parties will be separated for about 1/2 the length of the marriage anyway, the point immediately above won't really matter, especially with such a short term marriage.

Her best hope is to file now for temporary support and expect it to end when the final support hearing occurs.[/quote]

Would she get half the house?[/quote]

It depends on a few things:

1.  where did the downpayment come from, where did the amount of principal (only) payments come from, where did the money come from to pay for things that actually increased the value of the home - think more like adding a deck, not replacing something like a roof - if it all came from money earned during the marriage, then it is marital and would be divided.  I'm not sure where she lives so it doesn't necessarily mean half, if it isn't a community property state.  If, however, he purchased the home using proceeds from a sale of a home that he owned before the marriage, then even if he paid monthly payments after the marriage, only the amount that went towards principal would be marital (or a very small amount).

2.  If the house is in his name only, the court can't give her any of the house, but the court could order him to pay her for her share IF a piece of it is marital.[/quote]

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