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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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My husband and I may be getting a divorce. We have been

Customer Question

my husband and I may be getting a divorce. We have been married for a little over two years and have a pre-nup. Two questions. we each have our own vehicle but our names are ***** ***** others loans. He has told me that he can take my vehicle because his name is ***** ***** the loan. I put the down payment down, I make all of the payments, and I used my vehicle as a trade in. Can he do this? Also, I make more money them him, can he collect alimony?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Arizona.
JA: Has anything been filed or reported?
Customer: only the prenup
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 7 months ago.
Category: Legal
Expert:  Dwayne B. replied 7 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 7 months ago.

It doesn't matter whose name is ***** ***** the loan papers, the judge can award the car to whichever of you he chooses. Based on the facts you gave it is more likely he would award it to you and if there are multiple vehicles he will almost certainly make sure each of you get at least one.

It is possible you could get alimony but if you make more than he does it is unlikely the judge will award it to you.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 7 months ago.
My question was could he get alimony from me since I make more than he does.
Expert:  Dwayne B. replied 7 months ago.

It is possible. Alimony isn't mandatory in any cases and is fact dependent and to a large degree depends on that specific judge. Some never award it and some award it in most cases.

Alimony is usually awarded when someone is either unemployed or makes less than they did before marriage due to something that occurred during the marriage. For instance, if someone took time away from working to be able to raise the children and now finds that they are behind everyone else their age then a judge would be more likely to award alimony.

A main factor to be considered by the judge is the length of the marriage with the longer someone is married the more likely they are to receive alimony. With you only being married two years that makes it less likely he (or you) would receive alimony in the divorce. Also, the pre-nup may also address this issue and if it does then the judge will almost certainly follow whatever it says.

However, with it being a case where a man makes less and you only being married two years it is very unlikely he would be awarded alimony. While the law doesn't state men can't get alimony there is still an inherent bias against them with most judges although they wouldn't admit it.