dissolution alimony

[tufindansrs]

OHIO
This is actually for a friend. She is filing for a dissolution with her husband. Neither party is contesting it. They are already living apart. She is worried that he will be awarded alimony. He was working at the time of the marriage but is unemployed now. She works at Mcdonalds and is making less than 19k/year. Also because of her low income she can't afford a lawyer to represent her. Neither can he, and that's why they are just trying to be civil and divide things up evenly.

If he doesn't request Alimony would it be awarded anyway?

If he does request it what would be good grounds for her to contest it?

 

[LdiJ]

OHIO
This is actually for a friend. She is filing for a dissolution with her husband. Neither party is contesting it. They are already living apart. She is worried that he will be awarded alimony. He was working at the time of the marriage but is unemployed now. She works at Mcdonalds and is making less than 19k/year. Also because of her low income she can't afford a lawyer to represent her. Neither can he, and that's why they are just trying to be civil and divide things up evenly.

If he doesn't request Alimony would it be awarded anyway?

If he does request it what would be good grounds for her to contest it?

No, if he does not request alimony it will not be granted.

I kind of doubt that alimony would be ordered in a case where the party from whom it would be requested makes so little money.

 

[tufindansrs]

Ok thanks.

 

[mistoffolees]

No, if he does not request alimony it will not be granted.

I kind of doubt that alimony would be ordered in a case where the party from whom it would be requested makes so little money.

Especially when that person could ask that income be imputed at minimum wage for the other person - which would result in incomes that aren't all that different, anyway.

 

[Bali Hai]

Answer the following questions to get accurate advice about your question:

*Duration of the marriage and age of the parties
*Earning abilities and education of each party
*Lost income capacity resulting from marital responsibilities
*Physical, mental, and emotional condition of the parties
*Minor children in the home
*Standard of living and retirement benefits of the parties
*Assets and liabilities of each party
*Financial contribution of one spouse toward the education, training or earning ability of the other spouse
*The time needed for a spouse to receive training in order to seek employment
*Tax consequences of an award of spousal support

Let's not be so quick to pooh pooh the possibility of an alimony award. I'm sure the wife has the ability to pay something if alimony were warranted, $50 or 100/month?

 

[Ohiogal]

OHIO
This is actually for a friend. She is filing for a dissolution with her husband. Neither party is contesting it. They are already living apart. She is worried that he will be awarded alimony.

If they are filing for a dissolution then they must file a separation agreement at the time of filing that outlines the entire property settlement and custody/support arrangements. If it does not then it is not a proper dissolution.

He was working at the time of the marriage but is unemployed now. She works at Mcdonalds and is making less than 19k/year. Also because of her low income she can't afford a lawyer to represent her. Neither can he, and that's why they are just trying to be civil and divide things up evenly.

She should contact legal aid.

If he doesn't request Alimony would it be awarded anyway?

No.

If he does request it what would be good grounds for her to contest it?

She needs an attorney because if they do not agree with EVERY ITEM then she is not going to get a dissolution. End of story.

 

[tufindansrs]

*Duration of the marriage and age of the parties
Her age: 21
His age: 24
Duration: 3 years
*Earning abilities and education of each party
Both highschool graduates. No college.
He is unemployed, she makes a little less than 19k/yr
*Lost income capacity resulting from marital responsibilities
They have both moved back in with their respective parents. so not really any lost income. The property was leased. Each had their own car.
*Physical, mental, and emotional condition of the parties
both seem ok.
*Minor children in the home
none
*Standard of living and retirement benefits of the parties
lower working class/social security
*Assets and liabilities of each party
each has a car, she agreed to take the debt (about 3k) if he just signs the papers to be done with it.
*Financial contribution of one spouse toward the education, training or earning ability of the other spouse
Neither of them have anything like that.
*The time needed for a spouse to receive training in order to seek employment
They are at equal skill/education levels
*Tax consequences of an award of spousal support
I'm not that familiar with tax laws to know how they would change for this.

I hope this helps clear things up. Thanks for all your answers so far.

 

[Proserpina]

I cannot see the court awarding alimony in this case.

They've been married what, 3 years? In Ohio? And she earns $19k? Two high school graduates?

Nope. Not happening.

 

[Bali Hai]

I cannot see the court awarding alimony in this case.

They've been married what, 3 years? In Ohio? And she earns $19k? Two high school graduates?

Nope. Not happening.

I agree, maybe just a year or two of rehabilitative alimony at most.

 

[mistoffolees]

I agree, maybe just a year or two of rehabilitative alimony at most.

Even that is very unlikely. Very short term marriage, both are HS graduates, but neither has college, one makes $19 K, other could be imputed minimum wage for full time.

I don't see rehabilitative alimony. AT BEST, maybe temporary support while the divorce is pending, but since they didn't ask for it at the beginning and since they both are surviving without it, I don't think even that is likely.