If I’ve only been married for two months but we have been together for over a year, amI entitled to anything?

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If I’ve only been married for two months but we have been together for over a year, amI entitled to anything?

Asked on October 5, 2010 under Family Law, Alabama

Answers:

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

Answered 11 years ago | Contributor

I am sorry for you situation.  Spousal support in Alabama, which is what I am assuming that you are referring to here, depends on many factors and is tied closely to the distribution of the martial assets in a divorce.  For example, whether or not you are entitled to his 401K plan depends on the length of the marriage as one of the factors. It is my understanding that  Judges will not award the spouse a poriton of the 401 K in marriages of 10 years or less.  Your marital assets, however, are distributed equitably, not necessarily equally.  I would seek help from an attorney in your area on the matter just to see for yourself where you stand.  Good luck. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Forget about being together for over a year--that is largely (if not entirely) irrelevant. However, inasmuch as you are married, should you divorce, you are eligible for a share of joint property (e.g. a joint bank account; real estate, like home, owned jointly) and *potentially* for alimony or support. The "potentially" is because it's  very  situation specific; e.g., who makes how much money in the relationship? In addition, if there are any children, they would receive child support from the non-custodial parent. To understand exactly what you, in your own unique situation might receive--or might have to pay, if you, for example, are currently suppporting your spouse--you need to consult with a divorce or family law attorney. Good luck.


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