If I have been married 9 months and we have 3 children together, canI get alimony?

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If I have been married 9 months and we have 3 children together, canI get alimony?

I am working.

Asked on December 31, 2011 under Family Law, Mississippi

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  I am assuming that although you have only been legally married for the 9 months you have been together a a fairly for longer than that.  Here is what I have found thanks to the Mississippi Bar:

"....courts often refer to alimony as spousal support and award it based on need and ability to pay, not on gender or as a punitive measure. Another alimony issue is compensation when one spouse supported the other through graduate or professional school.

Mississippi law defines two types of alimony, lump sum and periodic payment. Lump sum alimony is a fixed and final dollar amount paid either in a single payment or over a period of time. The court cannot later modify the amount, nor does the death or remarriage of either spouse affect it. Periodic payment alimony is subject to modification and ceases at the death of either spouse or the remarriage or co-habitation of the receiving spouse.

Regardless of the type of alimony selected, the court must state a specific amount. The judge takes several factors into account when deciding the alimony award. These include the health and earning capacities of the husband and the wife, all sources of income of both parties, the reasonable needs of the wife and the child or children, the necessary living expenses of the husband, and the estimated income taxes each party pays. The judge will also consider other related issues and circumstances presented in evidence."

Get legal help in your area.  Good luck.


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