I had a job when we married,he had me quit to follow him for his work in 2008 we married in 2009 and now in 2013 we are getting a divorce...is he required to pay alimony till I can find a job and get back on my feet...I am living with my daughter now..
Alimony, spousal support in Michigan, is determined by the circumstances of the case. Yours, because of the relatively short term of the marriage, would normally not call for long term spousal support. Also taken into account are the educational levels of the parties, children, current income or each and the disparity between the actual or potential earnings. Part of the determination will be what you have to do to re-enter the labor market depending on your prior job and skills. The fact you left the market to support his move and you were a stay at home mom is favorable to a claim. Some short term or rehabilitative support might be in order. Your will need an attorney. You are welcome to call my office with details and for an appointment.
To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .
Divorce / Separation Lawyer
Spousal support is based on a number of factors, including length of marriage, health, standard of living, education, age, and more. Generally, the shorter the marriage, the less likely an award of spousal support will be made, and if it is, generally it is short-term, and considered to be rehabilitative in nature - that is, lasting only long enough to allow you to get back on your feet and become self-sufficient again. Another important factor is your judge. Some judges look more favorably on alimony than others. You need a knowledgeable and experienced family law attorney to advocate for you to ensure you receive a fair settlement in the divorce. Don't try to go this one alone.
This comment is designed for general information only, and should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
The issue of alimony is within the court's discretion. Many factors must be considered by a court including, but not limited to, the length of the marriage (not 4 years yet), the age of the parties, the past conduct of the parties, the disparity in the parties' incomes, whether one has the ability to pay alimony, the need for alimony, etc. Your issue is fact dependent. You should consult with an experienced family law attorney who will be able to gather more information to properly evaluate you concern/question.
Neil M. Colman
Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.