Can my wife get alimony if we were only married 2 years?

Question Details:

Have a step daughter did not adopt. Can she get alimony or part of my 401k? She quit her job and refuses to work. She says that I will have to pay big. Her daughter gets social security from her dad. The house is in her name but I pay for it and the bill's. Iam going through bankruptcy due to a previous marriage. Her house needed fixing up so I took out a loan for almost $29,000 and gave it to her to fix the house. She says I gave more to my ex and she deserves the same if not more.

Asked 1/9/2010 under Divorce, Marriage, Alimony | 1202 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

David Slater / Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Florida

REtain counsel.  The court will decide marital distribution and alimony.  Your short marriage and financial situation will certainly be involved. Since you did not adopt the daughter, you have no responsibility. Good luck.

You should go an seek legal help in your area.  Generally, you should know that Florida is an "equitable distribution" state, meaning that all assets that are determined to be "marital assets" are distributed equitably, not equally.  Anything that is determined to be separate property - acquired before the marriage - remains separate.  That will be the house, although you should ask the attorney about the money you put in to increase its value over the last 2 years and if you are entitled to a percentage of the increase, if any.    As for your 401K, the court will look at factors like duration of marriage, etc., to determine what percentage, if any she can get.

As for alimony, not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court's discretion.

In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.

In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: (a) The standard of living established during the marriage. (b) The duration of the marriage. (c) The age and the physical and emotional condition of each party. (d) The financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each. (e) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment. (f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party. (g) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties.

To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose. (Florida Statutes - Chapters: 61.08)

It is unlikely that you will be forced to pay child support but some states provide that if a child is to become indigent support can be established.  Go and see a lawyer in your area.

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