When will alimony need to be paid?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When will alimony need to be paid?
I have a friend who is thinking about leaving her husband. They have 3 kids together. He was fired from his job 2 years ago and is still unemployed. She works 2 jobs and maybe makes $20K/year. She is worried that if she leaves she will have to pay him alimony. I can’t imagine her having to pay him alimony, especially if she has the kids. Will she have to pay alimony to him if he is able to work but hasn’t?
Asked on December 18, 2012 under Family Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It is not impossible that she could pay him alimony. Alimony, or spousal support, is technically separate from child support, so the fact that she may or will have custody of the children does not automatically mean that she would not owe spousal support. Courts look to many factors, such as who has been supporting who, and for how long; the employment potential of each spouse (is he employable? or does he have some injury, or outdated skills, or other factor which makes him effectively unemployable); and the earning potential of each spouse (e.g. if he does get a job, would he likely make $15,000 per year or $50,000 a year)? Rather than guess about whether she will pay alimony or not, she should consult with a divorce or family law attorney. The lawyer can evaluate all the facts in her situation and advise her as to likely custody and child support arrangements; spousal support; and the distribution of any assets (e.g. splitting up homes, cars, money in the bank, etc.)
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.