Great question. Inheritances are generally considered separate property. Sometimes separate property is considered when awarding alimony. For example, if she was otherwise entitled to alimony, the Judge should consider an inheritance to the extent that it could limit or eliminate the need for alimony. There are only limited circumstances in which a Judge would invade… Read More »
Posts Categorized: Alimony
Will I have to pay Alimony? I have a fairly short term marriage (3 years), no kids but I make a lot more than my wife. I am not sure how to plan.
There are a number of different factors used to determine whether alimony (referred to as spousal support) should be considered. Length of marriage, difference in income, education of parties, special needs of the parties, earning potential and history, fault and other factors are all considered. You will need to provide more information to determine the… Read More »
I was awarded money, plus interest, in my Judgment of Divorce. The Judgment was finalized some years ago. My ex has paid very little and still owes me most of that money. I was told I only have a limited amount of time to go to Court to enforce the Judgment and make my ex pay. Is this true?
YES! It is true that a Judgment of Divorce must be enforced within a specific time period. The “Statute of Limitations” bars legal action after a certain amount of time. For example, in most personal injury cases you have 3 years to sue and in most contracts cases you have 6 years to sue. To… Read More »
I am contemplating filing for divorce but my spouse makes virtually all of the family income. I am certain when I file my spouse will take me off the bank accounts and deny me access to money. If I ask my spouse to move out I am concerned that the marital bills will not get paid. What can I do to protect myself?
This issue often comes up right at the beginning of a divorce. Most Judges issue an initial Order called a “Status Quo Order” which requires people to continue doing what they were doing prior to the filing for divorce. These Orders bar people from closing bank accounts, changing beneficiaries or ceasing contributions to the marital… Read More »
Will I have to pay Alimony? I have a fairly short term marriage (3 years), no kids but I make a lot more than my wife. I am not sure how to plan.
There are a number of different factors used to determine whether alimony (referred to as spousal support) should be considered. Length of marriage, difference in income, education of parties, special needs of the parties, earning potential and history, fault and other factors are all considered. You will need to provide more information to determine the… Read More »
Will I have to pay Alimony? I have a fairly short term marriage (3 years), no kids but I make a lot more than my wife. I am not sure how to plan.
There are a number of different factors used to determine whether alimony (referred to as spousal support) should be considered. Length of marriage, difference in income, education of parties, special needs of the parties, earning potential and history, fault and other factors are all considered. You will need to provide more information to determine the… Read More »
I was divorced a year ago and I recently found out about an asset that my ex-husband failed to disclose. What can I do?
As is usual with regard to most divorce questions, the answer is “it depends.” First, look at the Judgment of Divorce and see if there is a section that addresses the issue of non-disclosed assets. If there is, the Judge will look at this provision and use it as a guide to resolve the problem…. Read More »