Under what conditions can a spouse be granted alimony?

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Under what conditions can a spouse be granted alimony?

I’ve been married over 20 years and have been a stay at home mom for 16 years. My husband is having an affair and wants a divorce. Will he have to pay alimony?

Asked on April 9, 2012 under Family Law, Arizona

Answers:

Alan Pransky / Law Office of Alan J Pransky

Answered 9 years ago | Contributor

In Massachusetts, alimony is a complicated concept.  First you need to establish need.  If you have been out of the job market for 16 years, then you probably have a need.  Next you need to figure out if child support is to be paid.  If child support is paid, then no alimony will be paid unless the combined income of the parties exceeds $250,000.00.  If the income does exceed this number, then alimony may be ordered.  

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  In Arizona alimony is called spousal maintenance.  It is based on a number of factors (lenght of marriage, etc.) but really on what is known as the "reasonable needs" of the requesting spouse.  You are a marriage of long duration so I think that you will make it past the first tier of the two tiered inquiry of entitlement.  But I would seek help from an attorney in your area with all of this.  There are types of alimony - temporary, rehabilitative - and courts set time limits.  You need to know what you are up against.  Good luck to you.


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