Anonymous
04/09/2019 13:42
Subject: Re:How much alimony do you get if you were married for less than 2 years?
Anonymous wrote:Anonymous wrote: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.
Would she get half the house?
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.
Anonymous
04/09/2019 12:29
Subject: Re:How much alimony do you get if you were married for less than 2 years?
Anonymous wrote: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.
Would she get half the house?
Anonymous
04/09/2019 12:24
Subject: How much alimony do you get if you were married for less than 2 years?
It doesn't matter whose name he put the house in does it, if he bought it after the marriage? Its still their house isn't it, and she is entitled to half the equity, as well as half of the other cash assets?
Having been previously divorced though, I'd think you friend would have known better.
Having been previously divorced though, I'd think you friend would have known better.
Anonymous
04/09/2019 12:05
Subject: Re:How much alimony do you get if you were married for less than 2 years?
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.
--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.
Anonymous
04/09/2019 08:07
Subject: How much alimony do you get if you were married for less than 2 years?
Anonymous wrote:Anonymous wrote:Anonymous wrote:She isn't going to get alimony. She can get half of the assets and half of the debts. Forget about alimony! Courts are EXTREMELY reluctant to order it. My friend was married for 20 yrs and was a SAHM for 12 yrs. (the last 12). She is getting 3 yrs of alimony... at 47 yrs old and 12 yrs out of the workforce, that is very little help. But, she has landed a job that will pay her bills, but nothing more. And she will get child support for a few more years.
The good thing is that her Ex made them live like paupers for the 20 yrs... so she has a cool $1.2 mil to put in her retirement account and she can just let it grow. (that was her 50% of the assets). She considers it payment for her 20 yrs of oppression.
My sister was married for 5 yrs to a guy who decided he was done. He was military during that whole time. She got $10K. That's it. They were both in their 20s and grad students (military was paying for his school). Courts give alimony when one spouse is older or needs time to get back into a career after time off in support of the marriage/family.
It depends on the situation. My husband's ex got 10 years alimony for 10 years marriage (she cheated and left him). Then she got 1/2 his retirement pension if he retired even though they were only married 10 years - so why should she be entitled to the full 20 when they were divorced before age 30 and only 10 years marriage, 2 of which she was cheating. But, this was years ago and in CA and I think it depends on the state/judge and she got very lucky. (plus child support)
Sounds like your DH had a shitty lawyer.
I bet it’s more that her husband settled and agreed to that generous settlement. It does. It sound like it was ordered by a judge following a contested trial.
Anonymous
04/09/2019 04:12
Subject: How much alimony do you get if you were married for less than 2 years?
Anonymous wrote:Anonymous wrote:She isn't going to get alimony. She can get half of the assets and half of the debts. Forget about alimony! Courts are EXTREMELY reluctant to order it. My friend was married for 20 yrs and was a SAHM for 12 yrs. (the last 12). She is getting 3 yrs of alimony... at 47 yrs old and 12 yrs out of the workforce, that is very little help. But, she has landed a job that will pay her bills, but nothing more. And she will get child support for a few more years.
The good thing is that her Ex made them live like paupers for the 20 yrs... so she has a cool $1.2 mil to put in her retirement account and she can just let it grow. (that was her 50% of the assets). She considers it payment for her 20 yrs of oppression.
My sister was married for 5 yrs to a guy who decided he was done. He was military during that whole time. She got $10K. That's it. They were both in their 20s and grad students (military was paying for his school). Courts give alimony when one spouse is older or needs time to get back into a career after time off in support of the marriage/family.
It depends on the situation. My husband's ex got 10 years alimony for 10 years marriage (she cheated and left him). Then she got 1/2 his retirement pension if he retired even though they were only married 10 years - so why should she be entitled to the full 20 when they were divorced before age 30 and only 10 years marriage, 2 of which she was cheating. But, this was years ago and in CA and I think it depends on the state/judge and she got very lucky. (plus child support)
Sounds like your DH had a shitty lawyer.
Anonymous
04/09/2019 00:54
Subject: Re:How much alimony do you get if you were married for less than 2 years?
Anonymous wrote:$0
and she should get $0.
+1
Why doesn't she pay him? She has been mooching off this guy for 2 years and it's time for her to pay up. What has she been doing the last 2 years, donating plasma or Amway scam?
Anonymous
04/08/2019 16:04
Subject: How much alimony do you get if you were married for less than 2 years?
Why is she penniless?
Why isn't she employed if there are no kids (not a SAHP)
This is just two adults going their own way. I don't know why she would think she should get anything of his. She should get half of what she has jointly paid for.
Why isn't she employed if there are no kids (not a SAHP)
This is just two adults going their own way. I don't know why she would think she should get anything of his. She should get half of what she has jointly paid for.
Anonymous
04/08/2019 16:03
Subject: How much alimony do you get if you were married for less than 2 years?
Anonymous wrote:She isn't going to get alimony. She can get half of the assets and half of the debts. Forget about alimony! Courts are EXTREMELY reluctant to order it. My friend was married for 20 yrs and was a SAHM for 12 yrs. (the last 12). She is getting 3 yrs of alimony... at 47 yrs old and 12 yrs out of the workforce, that is very little help. But, she has landed a job that will pay her bills, but nothing more. And she will get child support for a few more years.
The good thing is that her Ex made them live like paupers for the 20 yrs... so she has a cool $1.2 mil to put in her retirement account and she can just let it grow. (that was her 50% of the assets). She considers it payment for her 20 yrs of oppression.
My sister was married for 5 yrs to a guy who decided he was done. He was military during that whole time. She got $10K. That's it. They were both in their 20s and grad students (military was paying for his school). Courts give alimony when one spouse is older or needs time to get back into a career after time off in support of the marriage/family.
It depends on the situation. My husband's ex got 10 years alimony for 10 years marriage (she cheated and left him). Then she got 1/2 his retirement pension if he retired even though they were only married 10 years - so why should she be entitled to the full 20 when they were divorced before age 30 and only 10 years marriage, 2 of which she was cheating. But, this was years ago and in CA and I think it depends on the state/judge and she got very lucky. (plus child support)
Anonymous
04/08/2019 16:01
Subject: How much alimony do you get if you were married for less than 2 years?
She's probably get something to give her time to get a job and back on her feet. That's a bit extreme to say nothing given she quit her job and moved for him. She's also entitled to 1/2 (or should be) of anything earned/saved during the marriage and the bit of equity in the house. She needs a good attorney. I would hope she'd get 6 months to a year. Tell her to be rid of him and find someone who really loves her and wants a future with her. Tell her if she has access to money, take some now and put it in a separate account and do not leave the house. Let him file and deal with the divorce. That will by her time to get back on her feet.
Anonymous
04/08/2019 15:36
Subject: How much alimony do you get if you were married for less than 2 years?
She isn't going to get alimony. She can get half of the assets and half of the debts. Forget about alimony! Courts are EXTREMELY reluctant to order it. My friend was married for 20 yrs and was a SAHM for 12 yrs. (the last 12). She is getting 3 yrs of alimony... at 47 yrs old and 12 yrs out of the workforce, that is very little help. But, she has landed a job that will pay her bills, but nothing more. And she will get child support for a few more years.
The good thing is that her Ex made them live like paupers for the 20 yrs... so she has a cool $1.2 mil to put in her retirement account and she can just let it grow. (that was her 50% of the assets). She considers it payment for her 20 yrs of oppression.
My sister was married for 5 yrs to a guy who decided he was done. He was military during that whole time. She got $10K. That's it. They were both in their 20s and grad students (military was paying for his school). Courts give alimony when one spouse is older or needs time to get back into a career after time off in support of the marriage/family.
The good thing is that her Ex made them live like paupers for the 20 yrs... so she has a cool $1.2 mil to put in her retirement account and she can just let it grow. (that was her 50% of the assets). She considers it payment for her 20 yrs of oppression.
My sister was married for 5 yrs to a guy who decided he was done. He was military during that whole time. She got $10K. That's it. They were both in their 20s and grad students (military was paying for his school). Courts give alimony when one spouse is older or needs time to get back into a career after time off in support of the marriage/family.
Anonymous
04/08/2019 13:38
Subject: How much alimony do you get if you were married for less than 2 years?
Friends of mine got divorced a few years ago. They had been married 10 years, no kids. She had no significant assets when they married. He already owned a small house. She was underemployed for the first 8 years of the marriage and unemployed for the last 2 years. She left with 1/2 of all their assets (including their house and his small side business), 4 years of alimony (enough to live on), and a cut of his retirement savings and future pension. She did her homework and got a great lawyer. A shorter marriage will result in a smaller alimony payout, but her having moved and being unemployed will likely result in some sort of alimony, even if only for a few months.
Anonymous
04/08/2019 12:58
Subject: How much alimony do you get if you were married for less than 2 years?
She can request he pay, or assist, with her legal fees if she can't afford anything. If she came into the marriage penniless, she shouldn't expect to profit from this. I have seen temporary alimony granted for long-term marriages but I'd be surprised if she got any with such a short marriage and no kids. Good luck to her.
Anonymous
04/08/2019 10:46
Subject: How much alimony do you get if you were married for less than 2 years?
Is she disabled?
Anonymous
04/08/2019 10:38
Subject: Re:How much alimony do you get if you were married for less than 2 years?
Anonymous wrote:Anonymous wrote:My lawyer said that a fair request is one year for every 4 years of marriage...SO maybe 6 months of alimony? I was married 17 years so we asked for 4 years of alimony and it was granted and not contested. People on this board say alimony is dead but I was divorced in 2017 and it was always assumed by both parties alimony would exist so I don't know how dead it is.
I think that sort of formula is based on an assumption that after a certain number of years out of the job market, it's harder to get back into it and you'll need more time. This person was not married even 4 years, so different situation than yours.
Not only that presumably she was employed for some portion of the marriage (say, at least 6 months) so she hasn't even been out of the job market that long.