Is my wife entitled to any support if we have no biological children?

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Is my wife entitled to any support if we have no biological children?

She has no job. Nothing is in her name – car is in my name, we rent. She wants recovery money until she can get on her feet. She also wants me to help her get her licenses back so she can get the car. I am recently drawing unemployment and do not have a lot of money.

Asked on August 15, 2010 under Family Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

From my understanding of the law in Alabama that spousal support as it is now called is not a "given" and generally quite rare in marriages under 12 years.  It is generally awarded is cases where one spouse has been economically dependent on the other spouse for most of a long marriage.  In shorter marriages there can be awarded what is known as "rehabilitative alimony" where one spouse needs time to transition in to the job market.  There is no set formula and it is up to the Judge to decide.  The court looks at the situation of both of the parties.  The need of one is balanced against the ability to pay of the other.  Seek consultation on our particular facts.  Good luck.


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