Is She Entitled To Alimony?

alimonyQuestion:

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?

Answer:

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.

Virginia Divorce Attorney Charles Hatley
Virginia Divorce Attorney Charles Hatley

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.

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2 comments on “Is She Entitled To Alimony?

    My wife and want a peaceful divorce. She works and I work but I make most of the money. I have no problem paying child support.
    1) because my children are in private school because of HER choice will this be looked at by the judge as some child support?
    2) if my needs spousal assistance what is common? We just grew apart and after turning 40 she has been reevaluating her life and thinks this is what she wants. Me I just want her to happy and if it isn’t with me then with someone else or by herself…I don’t care.
    4) what is fair for spousal support if she makes 40K less than I a year?

    I gladly pay a large amount of child support & see my beautiful children several times a week. I’m also required to pay spousal support, which I’ve been paying for 7 years. The problem is that my ex wife takes the money, severely neglects my children (they call me hungry & sad), & my ex spends all the money on herself, her boyfriend & the child she had with him. What can I do to make certain she uses the money wisely for my kid’s welfare?

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