How long do you have to be married to receive alimony?

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How long do you have to be married to receive alimony?

I have only been married for 9 months and found my husband cheating. I need to get out of this marriage but cannot afford it. Can I receive alimony or is the marriage too short? I have lived with him for over 3 years. He makes 100k; I make 17k.

Asked on November 18, 2011 under Family Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no hard and fast answer--it always depends on the circumstances. The circumstances you describe would tend to support receiving alimony or spousal support, at least for a few years:

1) He earns much more than you do, and so your lifestyle is presumably based much more on his income than yours (i.e. he effectively supports you, at least in part).

2) While only married 9 months, you have been living together for 3 years, and so you have effectively a 3 year "track record" of your lifestyle and his support.

From what you write, there is a good chance you would receive at least some support, at least for a few years. However, you should consult with a family or divorce law attorney to explore your options. Remember: your consultations are confidential. Good luck.


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