If I’ve only been married for 2 years, canI get alimony?

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If I’ve only been married for 2 years, canI get alimony?

I don’t have a job but my husband (soon to be X) does. He has been supporting myself and my son (who is not his) the past 6 months. Plus, since we eloped in NY do we have to get divorce in there or can I get divorced in CT?

Asked on March 23, 2011 under Family Law, Connecticut

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all, you can get divorced in the state that either your or your spouse are residents of; there is not need to go back to the state where you were married.

As for alimony there are several factors to be considered in determining if, and how much, should be awarded.  They are: the length of the marriage (important in your case since your marriage has been of such a short duration), the causes for the divorce, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, needs of the parties, and property distribution (when children are involved, the court will also consider the desirability of the custodial parent's securing employment).

The options for alimony are: (1) none, (2) $1.00 per year, (3) lump-sum alimony or (4) periodic alimony. If the divorce judgment provides for $1.00 per year, the then has court the authority to modify the amount of the alimony award in the future. Additionally, "rehabilitative alimony" is support awarded to one of the spouses on a transitional bases. For example, during a period of education or training necessary to achieve self-sufficiency or make up for the time the spouse was withdrawn from the workplace.

This is just s brief summary of the law. You really need to consult directly with an attorney in your area.


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