Alamony – does one always have to pay?

My wife and I have been seperated for 2yrs 9mo. She is finally agreeing to divorce but insists on getting alamony. I make about $500 per week. She works for a property management company and gets paid cash. She does not report this income and so thinks she is entitled to alamony since it will appear she is unemployed. Is she right, or is there something I can do to get out of paying alamony?

Asked on June 8, 2009 under Family Law, Missouri

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

alimony is not a guaranteed part of any divorce. The courts tend to look at the overall picture, try to allot money in as fair a way as possible to allow both parties to live a life as close to that before the divorce as far as finances go. As for her appearing unemployed this becomes a sticky situation based on tax problems for failing to disclose any income or pay taxes and for you this could be an issue if you filed jointly while this was not being reported.

What i suggest is you hire an attorney who will handle your divorce, explain all the specifics and ask them to give you their opinion based on their experience within the court system you will be filing in. I also suggest getting all the paperwork together and any paperwork proving she does have a salary would prove beneficial either in court or at the settlement table

Good luck


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