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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101607
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Divorce in progress....the wife has been getting alimony and

Customer Question

divorce in progress....the wife has been getting alimony and child care for 8 months. It is for a two year period. Can she decide she is going to get a job so the father can pay for two more years?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Understand that the money she is getting now it temporary for the duration of the divorce. Once the divorce is finalized, the Court will revisit the alimony question and and will consider it (again) for post-divorce time based on the following subjective factors: (a) the financial resources of the party desiring maintenance; (b) the time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (c) the standard of living established while married; (d) the duration of the marriage; (e) the age and health condition of each spouse; (f) the ability of the spouse from whom maintenance is sought to meet his or her reasonable needs while meeting those of the spouse seeking maintenance; and (g) inflation with relation to the cost of living. Vermont Statutes - Title 15 - Section 752 et seq.

Whether or not she will get alimony for after divorce is based on the above. She may or may not, and if she does, the amount/length is up to the Court. So it is possible, but the Court generally wants the other party to find their own financial "floor" so alimony is meant to be as a way for them to get there, meaning that she is not supposed to reply on it forever.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.