Would I be eligible for alimony payments once me and my husband get divorced?

Dear Vineland, In order to properly answer your question, I would need more information. Specifically, I need to know the length of the marriage, your respective incomes, the disparity between your two incomes and your employability. Also, do you have any employment history during the marriage? From your question, it appears that you are currently unemployed and seek some additional education to prepare you for the workforce. These are just some of the factors that are taken into account before the court considers an alimony award. If you were married for about 10 years, depending on the circumstances, the court might award permanent alimony to you. However, the 10 year mark is not a bright line rule. There are also other types of alimony which can be awarded for certain amount of years to assist you as you attempt to establish your financial footing no matter what the length of the marriage. I strongly encourage you to seek the advice of a family law attorney. DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense or occurrence is situated; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where the matter maybe filed.

There are numerous factors that the Court will consider when awarding alimony to a spouse. The following is a list of the most relevant factors to be considered: The actual need and ability of the parties to pay. The duration of the marriage. The age and physical and emotional health of the parties. The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living. The earning capacities, educational levels, vocational skills, and employability of the parties. The length of absence from the job market of the party seeking maintenance. The parental responsibilities for the children. The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisition of capital assets and income. The history of the financial or non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities. The equitable distribution of property ordered and any pay-outs on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair. The income available to either party through investment of any assets held by that party. The tax treatment and consequences to both parties of any alimony award including the designation of all or a portion of the payment as a non-taxable payment. Any other factors which the Court may deem relevant. I am not sure when you filed for child support, but you should certainly look into enforcing that issue. You should certainly consult with a divorce attorney to discuss your options. DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.

You haven't indicated how much you earned when you were working. The court will consider your education, experience and past earning history to determine whether it should impute income to you. Imputing income is where the court assumes you are making a certain amount of money even though you aren't actually earning it. Minimum wage earns approximately $18k annually, so there's a good chance that unless you have a disability, the court would impute at least this amount. After your income is determined, the court will then assess whether there is a sizeable difference between the two incomes. If there is little or no difference, the court will likely not award alimony unless there are exceptional circumstances. It should be noted that your returning to school presents the possibility of rehabilitative alimony. This type of support is traditionally awarded when the receiving spouse needs to go back to school or receive training to return him or her to where he or she would have been had the marriage not occurred. It traditionally terminates when a set goal is achieved (ie: graduation or completion of training). Limited duration alimony, however, is for a specific duration regardless of whether a set goal is achieved or not. Your marriage is not long enough to be considered for permanent alimony without additional facts not set forth in your inquiry. This answer is for informational purposes only and not intended to be legal advice or in any way create an attorney-client relationship. You should always consult a lawyer with any legal questions you may have.

You need to provide information about finances, expenses, lifestyle, ages, length of marriage, and other information for any attorney to provide clear answers to you. DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.