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I just received divorce papers from my spouse who lives in…

Customer Question
I just received divorce...

I just received divorce papers from my spouse who lives in OR ... I’m in MA .. we were married almost 4 years during which time I was the main earner as she was a student . Now she is seeking alimony to cover health insurance ( which I don’t even have myself ) will I have to pay this ??

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Nothing so far I just received the paperwork about an hour ago

Lawyer's Assistant: Family law varies by state. What state are you in?

Massachusetts

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I’m currently unemployed... starting a new job in 2 weeks ...

Submitted: 4 months ago.Category: Family Law
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Answered in 2 minutes by:
4/16/2018
Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,795
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

Good morning. It may be something that is ordered. Spousal support is money that a court orders a party to pay to a former spouse to help that spouse meet his or her needs, preserve a similar lifestyle to that enjoyed during the marriage, or to allow a spouse to become self-sufficient. An award of spousal support is not based on a formula as is the case with child support; rather, it is based upon what is “just and equitable under the circumstances.” The amount and duration of spousal support is based on a variety of factors. Those factors include: length of the marriage (generally not awarded in short term marriages); ages of the parties; health of the parties; work experience and earning capacity (probably the most important factor). A court will also look at the standard of living the couple had during the marriage, how the couple deals with property division in the marriage, the parenting plan regarding children, how responsibility for debt is allocated, costs of health care, etc.There are three kinds of spousal support: transitional, compensatory and maintenance.

Transitional support is for a party to obtain education or training necessary to allow the party to prepare for reentry into the job market or for advancement in the job market. This type of support is commonly awarded in shorter or mid-length marriages where a party may need additional resources for a limited time to become gainfully employed and to “transition” into single life.

Compensatory support is for cases when there has been a significant financial or other contribution by one party to the education, training, vocational skills, career or earning capacity of the other party or where one party is given substantially more value in property during the dissolution and there are no other assets to “offset” the property award. This type of support is usually reserved for rare cases.

Maintenance support is a contribution by one spouse to the other, either for a specified or indefinite period of time. This is commonly awarded in long-term marriages where there is a significant gap between the earning capacity of the parties, a gap which will probably never be closed or where a party may lack the ability to gain meaningful employment in the future.

Spousal support awarded in a particular case can be a combination of the three kinds of support, such as a higher amount for a period of months in transitional support, and then a smaller amount in maintenance support for a period of months or years, or indefinitely.

She can try and obtain it and of course, you can oppose and object to it and advise as to why she should not get it.

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Family Lawyer: FamilyAnswer, Lawyer replied 4 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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