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Attorney Wayne
Attorney Wayne, Lawyer
Category: Family Law
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Experience:  Practicing Law Since 2000
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I have been married for 10 months. I dont support her in any

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I have been married for 10 months. I don't support her in any way. She pays for her expenses and I pay for mine. We live in her home and share utilities. Its not working out. If we divorce will I have to pay alimony?
Hello. Thanks for contacting us.

I am so sorry that the marriage is dissolving -- I know what a difficult time this must be emotionally, and it is good that you are trying to think things through with information. While it won't help the emotional pain, it will certainly help keep things tidy down the road.

Alimony, these days, is known as "spousal support," in most courts. The reason is that the law recognizes that people contribute different things to a marriage and when marriages fall apart, there is an attempt to be fair to everyone.

While its never a sure bet, in cases where both partners are employed and self-supporting, there is less chance for a spousal support order. If one partner makes a lot more than the other, its possible there may be a payment ordered to maintain a certain standard of living. Or if one partner supported the other through school or while a business was built, that might also militate for payments.

But these are all specific to a case -- and its impossible in a public forum like this to analyze your specific facts. You'd need to discuss that with your own lawyer confidentially -- protected by the attorney client privilege (which, because this is a publicly accessible legal information web site, is not possible here).

Here are some good resources to help do your own analysis -- and will help you work more efficiently with your own lawyer, if you decide to hire one:

http://www.msbar.org/10_family_law.php?spot=870&archive=18

http://www.divorcelawfirms.com/resources/divorce/spousal-support/mississippi-alimony-spousal-support-laws.htm


I wish you all the best as you navigate through this difficult period.
Customer: replied 5 years ago.
What about in this case where my wife receives a monthly stipend of $5000 from her mother and the fact that I do not support her in any way? I pay my expenses and she pays hers.
These are all facts that will weigh into a court decision. Its impossible to determine specifics on publicly accessible legal information web site. That needs to discussed in private with your own lawyer.

The botXXXXX XXXXXne is: it all depends on what issues a spouse brings to court -- and convinces the court of.

Many people negotiate these things before going to court, so there is a kind of prepackaged plan. If the relationship is still calm enough to allow for rational discussion of this, its worth discussing. If not directly, then through your divorce lawyers.

Again, my best wishes for resolution in this matter.
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