how do i know if i can get alimony without a lawyer

You likely need to fill out a financial standing affidavit that is specific to your county. Fill out and file everything required by your local rules and then request a court date. You'll need to prove that he was the supporting spouse, that you were the dependent spouse, and that he has the ability to pay you alimony.

Full Answer

How does an attorney determine alimony?

Your attorney will use the documents gathered through discovery, as well as your spouse's financial disclosure forms, to calculate the specific amount of alimony you will ask for.

Can I get Out of paying alimony?

While it is often impossible to get out of paying alimony if your former spouse earns significantly less than you and if you’ve been married for a long time, there are ways to reduce your payments and/or the amount of time you have to pay alimony.

How can I avoid alimony arguments with my spouse?

Anticipate arguments from your spouse. Typically, you can assume that your spouse will be opposed to paying alimony. Even if they agree that they should pay some alimony, the amount they believe they should pay likely is much less than the amount you think you deserve.

Can I get alimony if my wife works full time?

Whether or not you will be able to receive alimony depends upon your financial situation and the laws in your state. If your spouse worked and you stayed at home to raise children, or if you earn significantly less than your spouse, you may be able to receive alimony as part of a divorce or separation. Can a working wife get alimony?

Can a woman ask for alimony?

You can ask for alimony as part of a divorce proceeding. If you and your spouse reach an agreement about alimony, you can ask the judge to make the agreement a part of the court order. If you cannot reach an agreement, the judge will decide whether you are entitled to alimony.

Can you get alimony if you cheated?

In California, an adulterous spouse isn't forced to pay alimony due to infidelity. Punitive damages are not awarded on this basis. Instead, alimony is only required based on the financial needs and abilities of the spouses.

When can alimony be denied?

If the woman is proved to be unfaithful, the husband may be able to avoid paying alimony. Infidelity offers the counter partner an advantage, thus if the husband can prove his wife is cheating on him, he has the right to refuse to pay alimony.

Can text messages be used in court to prove adultery?

You may hear about an affair through gossip or your circle of friends, but this is not enough for the court. Our clients sometimes ask if things like text messages or online messaging count as proof – and often, the answer is yes.

How Do I Know If I Am Entitled to Alimony?

When you get divorced in Washington, you need to divide your marital estate. And if you have children, you need to address child support and child custody. But, not all divorces result in the payment of alimony.

1. There Are Different Types of Alimony

When seeking alimony, or spousal maintenance, the first thing you need to know is which type of financial support you are seeking. One option that is available is to seek “temporary” maintenance while your divorce is pending.

2. There Are Various Factors Used to Determine Alimony

Section 26.09.090 of the Revised Code of Washington is the primary statute governing alimony determinations. It requires a “just” determination of alimony, “without regard to misconduct, after considering all relevant factors, including but not limited to:”

3. There Are Strategies You Can Use to Obtain Spousal Maintenance in Your Divorce

Depending upon the circumstances of your divorce and the type (or types) of spousal maintenance you intend to seek, there are various steps you can take to prepare.

Is spouse support permanent?

Spousal support may be temporary, such as when a former spouse needs time to get back into the job market, brush up on skills, complete an educational program, or raise the children; or permanent, such as when a spouse may never become self-supporting due to age or disability. Your answers to the questions below can help you ...

Can a former spouse get alimony?

Not every former spouse receives alimony, which is also called spousal support or maintenance. Alimony will be awarded only when a former spouse is unable to meet their needs without financial assistance from a spouse who can afford to pay it. Spousal support may be temporary, such as when a former spouse needs time to get back into the job market, ...

Who to recommend for a divorce case?

Since your family and friends know you best, they also are in the best position to recommend an attorney who will handle your case with care and provide you support and guidance through the legal procedure.

How to choose the best attorney for my case?

Make your final choice. After you've finished your initial consultations, compare and contrast the attorneys you've met to decide which one is the best option for you. In addition to objective criteria such as experience and expense, consider your comfort level and how well you got along with each attorney.

How to get a divorce decree?

To get a divorce decree, you must first file a petition, usually in the county court where you and your spouse currently live. If you want alimony, this petition must state that you are requesting spousal support.

What does a divorce attorney do before filing a petition?

Your attorney will go over the petition with you before they file it with the court to make sure everything included in it is accurate and true, and it represents what you want out of the divorce proceeding.

What to do if you caught your husband cheating?

Just because you caught your husband cheating doesn't necessarily mean the situation is entirely antagonistic, but let the attorney know if you expect your spouse to fight you at every turn.

What happens if my attorney doesn't pay my court fees?

If it isn't, your attorney likely will want payment of the fee in full before your petition is filed. Once filed, your attorney will have the petition served on your spouse. This typically occurs by hiring a sheriff's deputy to hand-deliver the petition and other court papers to your spouse.

What do you need to file a divorce petition?

You'll need to state when you were married, and typically must attach a certified copy of your marriage license or decree.

How does a judge determine alimony?

A judge will calculate alimony based upon each spouse’s current income, the paying spouse’s ability to pay, and the receiving spouse’s need.

Why is my spouse not paying alimony?

For instance, if your spouse spent money on trips out of town with the affair partner or gave money to help the partner pay bills, this could be the cause for stopping you from paying alimony .

What is alimony?

In simple terms, alimony is a payment that one former spouse makes to another during divorce or separation. In some cases, alimony is temporary throughout separation proceedings, whereas other people will qualify for permanent alimony depending upon alimony laws.

How does alimony work?

People often ask questions such as, “How does alimony work?” and, “When does alimony start?” Alimony is awarded as a part of pending divorce or separation.

How is alimony calculated?

Each state has its own alimony laws, so there is no standard calculation that can answer, “How much is alimony?” Some couples may come to an agreement on alimony, but if they cannot, a judge will determine the alimony amount that is awarded.

What is the difference between alimony and spousal support?

spousal support, in actuality, these two terms describe the same thing. It is becoming more common for people to use the term “spousal support” when describing alimony, although the two terms are interchangeable.

How long do you have to be married to get alimony?

There is no exact answer for how long a couple has to be married for one spouse to have to pay alimony to the other.

How to avoid paying alimony?

Strategy 1: Avoid Paying It In the First Place. The best way to get out of making alimony payments is to avoid the need to make them in the first place. Many couples that seek to marry opt to protect themselves by drafting up a prenuptial agreement before the marriage is made legal.

How does a state determine alimony?

Your state is going to determine the amount of alimony that a spouse pays. However, one factor that states often consider is the overall length of the marriage. Typically, the longer a person is in a marriage, the more likely it is that you will be faced with higher alimony payments. If you know your marriage is not going to last, consider ending it as quickly as you can. Stretching it out longer and longer just means more emotional pain and longer lasting alimony payments.

What happens when you pay alimony in lump sum?

In a cash lump sum, the spouse paying the alimony will write one check for the entire amount he or she will owe to the dependent spouse. In marital property division, one party agrees on giving up a portion of whatever assets they are entitled to over to their spouse in lieu of paying alimony.

What is lump sum alimony?

Lump sum payments, sometimes called buyouts, lump sum alimony, or spousal maintenance buyout, is the payment of alimony in one lump sum. Instead of getting periodic payments made over a designated time frame, the spouse on the receiving end is given one large payment.

How to keep track of your ex spouse's alimony payments?

A new marriage will usually allow the payments to come to an end, so keep track of what your ex-spouse is up to when it comes to their relationships. Keep tabs on them via social media and through friends. Make sure you are aware of when these life changes occur so you can get those alimony payments to cease.

When does alimony stop?

Some states will stop making alimony payments mandatory when the spouse who is getting them begins living with a new partner or significant other. This info may be written in the fine print on your divorce decree; ask your attorney to go over the section about alimony payments with you for the best information.

How to save yourself from alimony?

By doing this, you may save yourself from having to make alimony payments. Be sure to keep an open line of communication between yourself and your spouse.

What is alimony in court?

Alimony, or spousal support as it is more commonly referred to today, is support for either a husband or wife. Children are irrelevant in determining spousal support. The main issue is can one party afford to pay spousal support and does the other party have a need for support? If yes to both, then the court will look at additional factors in determining whether to award support, for how long and for how much. Those factors are: length of the marriage, age of the parties, income earned by the parties, educational level of the parties, ability of the party to work, and previous lifestyle.

What is alimony in a long term marriage?

Alimony is a support payment from one ex spouse to another. . typically its only ordered in long term marriages where there is a pretty large disparities in incomes...for example a stay at home wife who has been raising kids for years without working when the ex husband has a great job that pays well .. the theory is that the stay at home spouse benefited the working spouse by freeing them up to advance in their careers it equalizes the assets and future income a bit until the spouse that has less can equalize things. . Given the above, you decide.. since you have not given us many facts to decide anything.

Is there alimony in Michigan?

There is no alimony in Michigan. Rather, there is spousal support if you sacrificed in the marriage to allow your spouse to advance and thus be in a position to make more money.

Can you get alimony in gross?

Yes, depending upon the length of the marriage, your health, ability to earn, etc. Another way to go is alimony in gross, which isn't really alimony/ spousal support, but a property settlement. It is for a fixed period of time and for a fixed amount and is non modifiable. It is usually used in marriages of short duration to help the (typically) wife get back on her feet when the marriage ends and she has no income of her own.

Is alimony considered spousal support?

The term alimony is no longer used in family law cases. The new buzz word is spousal support and spo usal support can be paid to either the wife or the husband based upon need, the inability to work, or possibly child care responsibility. Each case is decided on its facts and the advice you get from people on the street about legal matters is worth exactly what you pay for it which is usually nothing. You would need to discuss this with the lawyer you hire to represent you in the divorce case.