If I have been married 9 months and we have 3 children together, canI get alimony?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I have been married 9 months and we have 3 children together, canI get alimony?

I am working.

Asked on December 31, 2011 under Family Law, Mississippi

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your situation.  I am assuming that although you have only been legally married for the 9 months you have been together a a fairly for longer than that.  Here is what I have found thanks to the Mississippi Bar:

"....courts often refer to alimony as spousal support and award it based on need and ability to pay, not on gender or as a punitive measure. Another alimony issue is compensation when one spouse supported the other through graduate or professional school.

Mississippi law defines two types of alimony, lump sum and periodic payment. Lump sum alimony is a fixed and final dollar amount paid either in a single payment or over a period of time. The court cannot later modify the amount, nor does the death or remarriage of either spouse affect it. Periodic payment alimony is subject to modification and ceases at the death of either spouse or the remarriage or co-habitation of the receiving spouse.

Regardless of the type of alimony selected, the court must state a specific amount. The judge takes several factors into account when deciding the alimony award. These include the health and earning capacities of the husband and the wife, all sources of income of both parties, the reasonable needs of the wife and the child or children, the necessary living expenses of the husband, and the estimated income taxes each party pays. The judge will also consider other related issues and circumstances presented in evidence."

Get legal help in your area.  Good luck.


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