I have been a stay-at-home mom since 2007, until I took up sub nursery aide work these past two years. My husband has been making six figures since before we got married in 2009.
In June, I made the decision to move out because my health couldn't handle the stress and strain of an emotionally toxic environment.
Going from one lifestyle to another is a bit of an adjustment, as well as a struggle. I understand that I can get child support, but would it be reasonable for me to request some type of alimony if we've only been married for 8 years, at least until the divorce is finalized?
I agree with Mr. Manhood. I would add that the below factors are considered by the court when determining alimony.
Amount of Alimony
The court will consider a long list of factors in deciding if you or your spouse should get alimony. These factors include:
· Length of your marriage;
· Your financial situation during the marriage, now and in the future;
· Your age, physical and mental health; and
· The reasons for the divorce.
See below for a full list of the factors. How important each factor is will depend on individual circumstances and judges (and masters) have very broad discretion
Factors the court will consider in alimony decisions - the court shall consider all the factors for a fair and equitable award, including: but not limited to:
• The ability of the parties seeking alimony to be wholly or partly self-supporting;
• The time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
• The standard of living that the parties established during their marriage;
• The duration of the marriage;
• The contributions, monetary and nonmonetary, of each of the party to the well-being of the family;
• The circumstances that contributed to the estrangement of the parties;
• The age of each party;
• The physical and mental condition of each party;
• The ability of the party from whom alimony is sought to meet that party's needs while meeting the needs of the party seeking alimony;
• Any agreement between the parties;
• The financial needs and financial resources of each party, including:
· All income and assets, including all property that does not produce income;
· Any monetary award concerning property and award of possession and use of the family property
· The nature and amount of the financial obligations of each party; and
· The right of each party to receive retirement benefits; and
• Whether the award would cause a paying spouse or a spouse who is a resident of a care facility with more than two patients to become eligible for medical assistance earlier than would otherwise occur.
You could get some alimony if your facts are persuasive and the judge is sympathetic. The judge will look at all factors involving the total financial picture. Talk with an attorney for the legal advice you need.
The simple answer is "yes," and the determination is based on a number of factors. There is a case, Rock v. Rock, that set a precedent for awarding indefinite alimony to a spouse even though the marriage was not much different in length than yours. A court can award a specific period (rehabilitative alimony Deemed sufficient for you to be self-supporting) or indefinite (until your ex-spouse can demonstrate you don't need it anymore). See a lawyer to review your particular circumstances.
Although 8 years is loosely viewed as a short term marriage, the duration of your marriage is only one of many many factors the court will need to consider when faced with a request for alimony. There are also different types of alimony available at different times during the pendency of your case. The timing of filing a pleading seeking alimony is a strategic decision and should be done with the help of a family law attorney.
