If my husband I divorce after less than 10 years of marriage and my income is significantly greater than his, can the court compel me to pay spousal support?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my husband I divorce after less than 10 years of marriage and my income is significantly greater than his, can the court compel me to pay spousal support?

My husband and I have been married for 8 years and have not been intimate for 6 (his choice, not mine). His medical deterioration (self-induced for the most part) has made it increasingly unsafe for him to be alone at home while I work. I can’t afford in-home care or a nursing home. He is on Medicare and my insurance, but doesn’t qualify for Medicaid because of my income. If we divorce, he would qualify for Medicaid and additional support services (i.e. nursing home).

Asked on November 21, 2011 under Family Law, Wisconsin

Answers:

B Elaine Jones / The Law Office of B. Elaine Jones

Answered 12 years ago | Contributor

In the state of Florida, there would be a potential for alimony in the case scenario that you described.  Because among other things, in the state of Florida, alimony is based on need and ability to pay.  The need of the person asking, and the ability of the person being requested to pay.  So if you make significantly more than your husband, there is a potential for alimony to be ordered but only if he requests it.  If the divorce is amicable and if for other pertinent reasons as you elicited in your question, I would think that your husband would not be requesting the alimony.  If the divorce is not amicable, you could potentially be required to pay alimony and maintain his health insurance for a period of time.  Since your marriage is 8 years, it does not qualify for permanent periodic alimony which means for the life of the parties unless of course he remarries or cohabitates with someone else whose income is used to assist supporting him.  However, you really need to check on whether or not he would qualify for Medicaid because if he continues to reside with you, your income may be considered still.  I am not sure about the last part of your question because I do not deal with medicaid alot so I would research that part of your question further.  Hope this helps answer your questions.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption