if you have been marriel 3 yrs and have done 80% of support while spouse went to school. would yo u have to pay alimony & school loans

married in las vegas reside in south dakota. supported spouse & her 2 children while she went to nursing school. There is debt for the schooling, I have paid off her other debt and purchased her vehicle while she has had minimal jobs and gone to school. Do I still owe her 1/2 of my assets and 1/2 of her debt?

Asked on July 2, 2009 under Family Law, South Dakota

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor


If the parties can't reach a settlement regarding division of marital property, the court will provide for an "equitable" distribution (what is fair).

Some of the factors that the court considers include: (1) duration of the marriage; (2) contributions each spouse made to the acquisition of the marital property; (3) the value of each spouse's separate property; and (4) the current and future earning capacity of each spouse.

So property is not necessarily divided 50-50.

Furthermore, similar factors are considered when deciding whether to award alimony: (1) duration of marriage; (2) financial resources of each spouse; (3) age and health of each spouse; (4) future earning capacity of each spouse.

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor


If the parties can't reach a settlement regarding division of marital property, the court will provide for an "equitable" distribution (what is fair).

Some of the factors that the court considers include: (1) duration of the marriage; (2) contributions each spouse made to the acquisition of the marital property; (3) the value of each spouse's separate property; and (4) the current and future earning capacity of each spouse.

So property is not necessarily divided 50-50.

Furthermore, similar factors are considered when deciding whether to award alimony: (1) duration of marriage; (2) financial resources of each spouse; (3) age and health of each spouse; (4) future earning capacity of each spouse.


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