Approximately how much spousal support would I be eligible to recieve after being married for 5 years?

UPDATED: Aug 31, 2011

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Approximately how much spousal support would I be eligible to recieve after being married for 5 years?

I have been a stay at home mother of 2 children under the age of six, for 5 years. My husband is in the military and has anger issues that he had to go to classes for. I also found out that he was talking with 2 other women on-line (including web cam) in pornographic ways. At times he has spent money irresponsibly, (usually $50+ a night on alcohol). I am currently in school, and hope to graduate in three years. Would I be entitled to any spousal support from him, along with child support?

Asked on August 31, 2011 Alabama


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

Answered 11 years ago | Contributor

I am so sorry for your situation.  If you and your husband can not come to a decision on spousal support, the court will decide the issue on a case by case basis.  Here is how the courts will decide:

The judge, at his or her discretion will consider; the value of each spouse’s assets as well as their families and up to one half of any pension, 401k or retirement benefits as long as the length of the marriage was 10 years or more. Any marital misconduct by either spouse may be considered in determining the appropriate support amount. Any property acquired prior to the marriage or by inheritance or gift may not be considered in determining the support amount. (Code of Alabama - Title 30 - Chapters: 2-51, 2-52, and 2-55).

Although your marriage has not been one of "long duration" as they say, you are in school and taking care of two children at the same time. I think that gives you a good shot.  But speak with an attorney in your area.  Good luck to you.

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