Family Law Questions? Ask a Family Lawyer Online.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your post. I'll be glad to assist you.
One question - - how long have they been married?
Ok. Thank you very much for that.
USUALLY, courts aren't very willing to award spousal support to a short-term marriage (generally considered to be 1-3 years). This is so because a short marriage really doesn't allow a person to become dependent on the other spouse's income, property, resources, etc. Thus, your friend would have a tough time seeking spousal support given the very short marriage.
Also, even if she were allowed spousal support, it generally only lasts for 1/2 the length of the marriage, so you're literally looking at 6 months or so of support, which likely would not amount to much money.
What you've described about him being dishonest would be a ground for divorce, but it would not guarantee spousal support because of the brevity of the marriage.
That said, it is not impossible to receive spousal support in a short marriage, but she would have to be able to prove to the judge that she requires his financial assistance to maintain her standard of living, monthly bills, etc. -- and this may be possible since she moved from her home, job, etc. to marry him. But, even in that case, she shouldn't expect support for more than 6-8 months.
As for the amount of support, that would depend on what he can afford AND what she needs to supplement her own income to maintain her monthly obligations. Thus, she'd have to look at when she would need every month to maintain herself, look at what she can pay on her own and then seek the difference from him.
If she does divorce, she should consult an attorney about the spousal support issue because it is going to be a very difficult issue to tackle because the odds are against her obtaining support because of the short marriage.
I hope this answers your question, but if you need anything further, please don't hesitate to ask. Thanks!
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