My wife had an affair that eventually led to divorce. She does not work by choice but is fully capable of holding a job.
Will I be required to pay her alimony since I was not at fault for causing our marriage to dissolve?
While I am not licensed to practice law in your state and am unable to give you legal advice, I can give you some general observations on this issue based on the jurisdiction where I practice.
Where I do practice in Virginia, the court uses several factor to determine how much alimony, if any, is owed.
The first factor that the court will look at is the income of each of the parties. If the income is brought into question, the court will then look at the earning potential of the parties.
Where one party does not work, it may be necessary to bring an expert who will impute income to the non-working party. The expert will look at the ability of the non-working party to make money. The court will decide how much income, if any, to apply to the non-working party and then use that number to determine the support.
The court will also look at the length of the marriage. The length of the marriage will go directly to how long support should be paid.
Another the factor the court uses is why the marriage broke down. The court may adjust an alimony award where there is adultery.
Questions regarding support issues, especially imputation of income, requires an attorney who specializes in family law matters in your jurisdiction.
Remember, I am unable to provide you with anything more than tips on these matters.
To arrange an initial consultation to discuss support rights with a Cordell & Cordell attorney, including Virginia divorce Lawyer Charles D. Hatley, contact Cordell & Cordell.