How Long Must You Be Married To Get Alimony
- Tags : alimony, child custody, divorce, length of the marriage, spousal support, utah code 30-3-5, utah divorce, utah divorce help
Utah law does not require a marriage be long term before a court can award alimony. Rather length of the marriage is but one of many factors the court considers in deciding whether to award alimony . The Court may award alimony even if a divorcing couple has only been married a year if it is otherwise equitable to do so.
Utah caselaw contains several examples of our appellate court endorsing sizeable alimony awards where parties have been married for a short time.
In Tobler v. Tobler, our appellate court upheld a $2,000 per month alimony award for the length of the marriage where the parties were only married for 3 years before the wife filed for divorce. They had children together. By the time the case went to trial, the parties had been married less than 5 years. 2014 UT App 239, 337 P.3d 296. The court analyzed the traditional alimony factors and found the wife needed ongoing financial assistance to maintain her marital standard of living and the husband had the ability to pay. The appellate court held the trial court properly considered the length of the marriage and fact the wife had custody of their young children which limited her ability to earn money. Id. ¶ 36-40.
Do you need help with an alimony case? Give the experienced attorneys at Wiser Family Law a call today at 855-254-2600 or Contact Us online.
What Happens To Spousal Support If One Party Cohabitates With Someone After A Spousal Support Order Is Made
The California Family Code 4323 states that there is a rebuttable presumption affecting spousal support when the recipient of support begins cohabitating with another person where it is not a bona fide roommate situation. In simple terms, if the recipient of spousal support begins cohabitating with a boyfriend or girlfriend, or fiancé, there is a presumption that the support recipients needs for support are reduced. The support obligor can file a motion to reduce, limit or terminate spousal support in such a case.
How Long Do You Have To Be Married To Get Alimony In California
This is a question often raised by a spouse in a short-term marriage. Spouses ask this question because they are unsure whether a court would order alimony given the short duration of their marriage.
This question impacts both the spouse who is concerned about paying alimony and the spouse concerned about receiving alimony.
Let’s look at this question closer for some answers. Everything we write here only applies to California divorces.
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Two Simple Examples Of How The Unofficial Yet Common Formula Works
Let’s use two examples with the same underlying facts but differing percentage rates to show the difference. In both examples:
Husband earns $100,000/year.
Under the old 1/3 formula: $100,000-$25,000= $75,000.
$75,000 divided by 3 = $25,000
Therefore, husband would pay wife alimony of $25,000 under the “old” 1/3 rule.
Husband pays income taxes on $75,000 of gross income.
Wife pays income taxes on $50,000 of gross income
Under what seems to be emerging as the “new” 25% rule it looks like this:
The same $100,000 – $25,000 = $75,000.
However, now we say that 25% of $75,000 = $18,750.
Therefore under the “new” rule, Husband would pay alimony of $18,750 to the wife instead of the $25,000 that he had been paying under the “old” rule.
But Husband pays tax on his entire income of $100,000, not just the $75,000 that he used to pay tax on under the “old” rule. This is unfair to the husband because he is paying more in taxes.
To “make it up” to the husband, he pays the wife a lesser amount of alimony
Thus instead of paying $25,000 to the wife, he provides the wife 25% of the difference between his $100,000 gross income and the wife’s $25,000 gross income, which is $18,750.
Husband is left with $81,250 less taxes on the full $100,000.
Wife ends up with $6250 less per year at first blush…but it is not taxable to her because the Husband is paying the tax on it.
So that is my brief explanation of what you are probably looking at with alimony in your case.
Learn About The Types Of Alimony
Alimony is court-ordered support paid by one spouse to the other for a period of time after a divorce. Alimony is paid by a spouse who has the ability to pay to a spouse in need of support for a period of time. Only people who are divorcing or are divorced can ask for and receive alimony.
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Enforcement Of Alimony Award
An order, award, or decree relating to alimony or disposition of property may be enforced by contempt proceedings. Contempt proceedings are governed by the Maryland Rules. When a person fails to comply with a judgment prohibiting or mandating action, the court may, in appropriate circumstances, hold the person in contempt.
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Resolving The Issues Created By Temporary Alimony
A far better solution in these types of cases is for the person paying alimony to simply buy-out the remaining months of temporary alimony between the desired settlement date and the date of trial. The temporary spousal support ends up being paid either way, but with the buy-out, at least the party paying temporary spousal support can avoid ongoing attorney fees and both parties can avoid the stress of pre-trial preparations.
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Can I Obtain Spousal Support On An Emergency Basis
We often see cases where spouses separate from one another and the employed spouse cuts off the unemployed spouse from access to any community funds or income. These circumstances present an immediate need to file papers in court. In Riverside County, the procedure to address this problem usually involves the prompt filing of a divorce case along with a Request for Order for temporary alimony. A Request for Order is a motion where the person asks the court to make some type of temporary order, in this case for alimony, and a hearing date is set. Additionally, we often file an ex parte application to ask the court to grant an expedited hearing date so that the person in dire need of spousal support doesnt have to wait a month or two for a hearing date. As you might suspect, the court generally does not appreciate it when one spouse completely cuts off the other spouse from having money to live and pay bills, and sanctions under Fam. Code 271 may be appropriate in these circumstances.
What Are The Pa Alimony Guidelines
Here are the 17 alimony factors considered by the PA courts . During divorce mediation, these are thoroughly discussed to achieve the fairest alimony settlement possible.
- The relative earnings of both spouses.
- The duration of the marriage.
- The ages and physical, mental and emotional states of the two spouses.
- The sources of income of both spouses. This includes medical, retirement, insurance or other benefits.
- The expected future earnings and inheritances of the two spouses.
- The degree to which one spouse has contributed to the other spouses education, training or increased earning potential.
- The degree to which a spouse will be financially affected by their position as the custodian of a minor child.
- The standard of living of the spouses established during the marriage.
- The relative education of the parties. This also considers the amount of time it would take for the spouse seeking alimony to acquire the education or training necessary to find employment.
- The relative assets and liabilities of the two spouses.
- The property each spouse brought to the marriage.
- The degree a spouse contributed as a homemaker.
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How Is The Process Of Determining Alimony Different In Court Vs Private Mediation
Determining Alimony in Court
In PA court, an assigned judge uses 17 factors to determine whether alimony is necessary. The judge also orders how much will be paid from one spouse to another, the manner in which these payments will be made, and for how long.
This can take months, if not several years to resolve and can be quite a tedious and exhausting process. Back and forth negotiations between opposing attorneys and numerous in-person court hearings in equitable distribution may be necessary, racking up potentially exorbitant legal fees.
Determining Alimony in MediationOn the other hand, an attorney-mediator experienced in divorce and alimony matters in court, can educate both you and your spouse on the general mechanics of alimony, its function and purpose, and the rationale behind each of the 17 factors in the alimony statute.
Couples are in a better position to apply alimony to their particular needs and circumstances. The attorney-mediator is also present during the negotiation as a neutral third-party to ensure a fair process designed to protect and provide for both spouses involved. In this sense, if you and spouse mediate, you have the best of both worlds. You gain a clear understanding of how alimony works and how it is applied, as well as a reasonable range or general reference for how a court would typically view your particular case.
How Does The Length Of My Marriage Affect The Spousal Support Arrangement
If youre going through a divorce, one of many questions you may ask is how many years do you have to pay alimony? The length of support granted will be decided based on the length of the marriage if the alimony award is not permanent.
Spousal support can even be awarded for the separation period and terminated once the divorce is final. Depending on how long the marriage lasted and other factors, support may continue for some time.
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Getting Help With Alimony
If you want to avoid the expense, stress, and time of a divorce trial, but you and your spouse are having trouble resolving your disagreements about alimony, mediation could be a good solution. When you’re able to reach a comprehensive settlement agreement before starting the divorce process, you’ll be able to file for an uncontested divorcewhich means that you can probably get a DIY divorce without a lawyer.
But if one of you wants maintenance and the other hasn’t agreed, you should at least speak with a lawyer about your rights and options going forward. Particularly in states that don’t use a formula to calculate spousal supportmost of the countrythe judge will decide on how much alimony to award based on the evidence you and your spouse provide about your expenses and assets, earning capacity, the standard of living you had during the marriage, and all the other factors that go into alimony decisions. An experienced family law attorney will know how to gather the right kind of evidence to convince the judge of your positionor even to convince your spouse’s lawyer to agree to a settlement.
Do You Have To Pay Alimony If Your Spouse Cheats
Some states have laws that disqualify a partner from receiving alimony if they have an affair, but you will have to be able to provide evidence of the affair in court.
In addition, some states may require proof that marital assets were used to support the affair in order to prevent a spouse from receiving alimony is a term that comes up often in divorce proceedings, but some people may wonder, What is alimony?
Sometimes referred to as spousal support, alimony is an important factor to consider when thinking about divorce.
Here, learn all about divorce alimony, including what is alimony based on, who gets alimony, and alimony requirements.
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Is There A Way Of How To Divorce Without Paying Alimony
While it is often impossible to get out of paying alimony if your former spouse earns significantly less than you and if youve been married for a long time, there are ways to reduce your payments and/or the amount of time you have to pay alimony.
For instance, if your former partner had an affair, or if they marry again, you may be able to avoid paying alimony.
You might also be able to reduce alimony payments or get out of paying altogether if you can demonstrate that your spouse doesnt need it or if you are able to negotiate by giving up other assets.
Duration Of The Marriage
So, were here. Weve finally started talking about the point that, lets face it, is going to be an issue for you if anything is. Duration of marriage relates to two of the three questions we identified earlier. Specifically, it relates to whether youll receive spousal support at all , and, if so, for how long.
Why? Well, in the courts view, you are more or less dependent on your husband based on how long your marriage lasted. If your marriage ends in 6 months, chances are good that both of you can just go back to doing whatever you were doing prior to the marriage without the need for one to provide support to the other. Would it be difficult? Maybe. But still, a person who was married only a short time can only be so reliant on the other partner. Not only that, but the other partner doesnt inherit nearly as much of a responsibility towards the other if the marriage was only 6 months long. Is it far to make a person pay support forever for a marriage that only lasted 6 months? In the courts view, that seems excessive.
As far as spousal support is concerned, its definitely more of an uphill battle in a shorter-term marriage, but its not impossible. Give our office a call at 425-5200, and we can help.
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What Are The Types Of Alimony
When a couple gets divorced, one of the most important aspects of the divorce is determining alimony, or spousal support and maintenance. Alimony falls into four categories:
Depending on the length of the marriage, the earning capacities of each spouse, the value of each spouses contributions to the marital property, and the individual circumstances of the divorce, the court will determine how alimony is awarded.
How Long Does Alimony Last If The Marriage Minimally Passed The Ten
This happens in ten or eleven year marriages although one can make the same argument in a twelve or thirteen year marriage. Once again, the rules are flexible.
Alimony in such cases may be similar to a 20 year marriage or may be cut off at the halfway duration of the marriage. The facts of the individual case control. Here are two examples.
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What Is A Gavron Warning
Family Code 4330 states, When making an order for spousal support, the court may advise the recipient of support that he or she should make reasonable efforts to assist in providing for his or her support needs, taking into account the particular circumstances considered by the court pursuant to Section 4320, unless, in the case of a marriage of long duration as provided for in Section 4336, the court decides this warning is inadvisable. This warning to the spouse that will receive spousal support is a codification of a warning that was issued in a case called Gavron. It essentially means that an ex-spouse is not entitled to sit back, relax and refuse to make a good faith effort to become self-supporting after a permanent support order is entered by the court. As noted, this warning is discretionary. Sometimes the court will even make this order during the pendency of a divorce case.
Typical Guidelines In Awarding Alimony
Generally speaking, states award rehabilitative alimony, and long term or permanent alimony is fairly rare. This means that a court is interested in providing alimony to a spouse who needs to get back on his or her feet after the divorce. While many states do not provide set guidelines in terms of how long you have to be married before a judge will consider awarding alimony, a judge is unlikely to award alimony if:
- The marriage didn’t last for several years
- The requesting spouse never left the workforce and therefore doesn’t need to get back on his or her feet
- There is nothing to prevent the spouse from going to work
The current thought is that if the requesting spouse can go back to work, he or she should do so. While judges will consider the length of the marriage when considering awarding alimony, the requesting spouse’s ability to go back to work will ultimately affect the decision – regardless of the length of the marriage.
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Can I Get Alimony After Being Married 3 Years
You can ask, but my experience in my state is that alimony is rarely awarded in such a short term marriage. A number of factors go into alimony, it is never automatic, and if adultery was involved, the WV courts can specifically consider that factor. See a local family law attorney to discuss your situation.
To questioners from West Virginia & New York: Although I am licensed to practice in your state , I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.