WILL I HAVE TO PAY ALIMONY?

QUESTION: If I am getting divorced do I have to pay alimony? I am currently in the military and currently in a divorce. We have to go to court soon; if the judge says on that date we are divorced, do I still have to pay her money. According to the USMC, I will stop paying her, but will the court say I have to and if so, why? We have no kids together but she has a 3 year old from a previous relationship. And she has a job at Ihop. Will I have to pay Alimony to her?

MY ANSWER: You haven't provided sufficient information for me to adequately evaluate your risk of a Spousal Support Judgment. However, if your wife has a 3-1/2 year old child from a former relationship, I surmise that your marriage has been a relatively short one. In marriages of less than 10 years duration, the Court generally awards Spousal Support for 1/2 of the duration of the marriage (if the facts in the case justify Spousal Support). Spousal Support is primarily based on the income of each party and the standard of living of the parties during the marriage. If your and your wife's incomes are fairly close to each other, assuming that those facts are accurately presented to the Court, it would be unlikely that the Court would award Spousal Support. On the other hand, if your income is significantly greater than your wife's income, there is a fair chance that the Court could award your wife Spousal Support, albeit for a limited duration.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |