Short second marriage and spousal support

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Latest post 04-13-2012 12:14 PM by kath21. 8 replies.
  • 04-13-2012 1:24 AM

    • tpsman
      Consumer
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    • Joined on 04-13-2012
    • AZ
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    Short second marriage and spousal support

    I got married about 3 months ago in Arizona.  Unfortunately we are not as compatible as thought.  There has not been any abuse or infidelity in the marriage, but too many disagreements.  I have decided to get out.  While she has asked, I have not agreed to seek any counseling or therapy - no point...  We were both previously in long marriages and have our own children, but there are no custody issues in our current marriage.  Additionally we have no real joint property to divide.  From her previous marriage she had been getting $1K per month in spousal support for life.  Obviously when we got married that was stopped.  While there is a significant delta in our incomes, there has not been a significant lifestyle change for her.  She has sought some legal advice, and believes she could be entitled to as much as 10 years of spousal support from me to compensate for her lost alimony income.  I will consult legal advice, but this seems completely unreasonable.  She is fit to work and still maintains child support from her previous marriage.  Can or would that "lost income" be a factor in our divorce?

  • 04-13-2012 1:50 AM In reply to

    Re: Short second marriage and spousal support

    she might be able to get spousal support started back up from her ex but not from you. I am in AZ and this sounds ludicrious. I highly doubt an attorney told her this because AZ is a no fault state anyways, and you should actually file for an annulment. Stop listening to her and see an attorney. No court is going to make you pay alimony after a ridiculously short marriage. If you make good $$ then you should be able to afford an attorney.

  • 04-13-2012 6:26 AM In reply to

    Re: Short second marriage and spousal support

    I don't see an annulment as applicable nor fault or no fault as relevant to any award of support. No one here can tell you what a court will or won't do.  Many factors are taken into consideration and while it seems unlikely that you could be responsible for any long term support, we don't know the income disparity between the two of you and whether she would be again eligible for support from the prior marriage.

  • 04-13-2012 6:29 AM In reply to

    Re: Short second marriage and spousal support

    Only a local attorney can give you good advice regarding this.

    I highly doubt her ex husband is ordered to start paying again. The burden of alimony from their marriage stopped the minute she married you.  His obligation has been met and it is highly unlikely he is ordered to pay again. He has nothing to do with this marriage failing.

    There may be a loss of income due to this marriage and if she has a lawyer and you don't, you will lose. Your opinion that she is fit to work is irrelevant, she HAD this income and no longer does and you are already trying to end this marriage without trying to work through issues (counseling).  It is a loss of income and you are not willing to try. 

  • 04-13-2012 7:55 AM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 49,095

    Re: Short second marriage and spousal support

    Laymans view:

    I don't see where in a very short term marriage there arise issues in favor of alimony --however some might be sympathetic to the plea of I gave up  XYZ just to marry you and now you leave me --and if that happens to be the judge you may have problems---I think you need AZ counsel like pronto .

    I think there is an interesting question to address under AZ law that if a second marriage is annulled  and creates the legal fiction that it never took place does that put first alimony payer back on the hook --if that's likely--then it might be ultra wise to examine the facts of your current marriage and see is any of them could possibly fit inside the  criteria to get an annulment under AZ law --carefully and quickly done it just might  work--but I'd want seasoned AZ counsel like pronto.

    There might be mutual advantage for you both to participate in an uncontested annulment and get it done with no comments about any secondary effect raised before the court. ?

     



  • 04-13-2012 8:12 AM In reply to

    Re: Short second marriage and spousal support

    A court needs to approve an annulment- unless the suggestion is that the parties engage in fraud on the court- not a good idea.

  • 04-13-2012 9:14 AM In reply to

    Re: Short second marriage and spousal support

    I agree to consult an attorney.  I do not know about AZ as I am in CT, but protect yourself from inheriting the $1K per month lifetime spousal support. I would think her attorney would aggressively go for that!

  • 04-13-2012 9:31 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,095

    Re: Short second marriage and spousal support

    I agree one needs to be very careful not to engage in fraud---how not to step into mine field is a good topic to be left to good counsel on each side IF there is a way to avoid minefiled.



  • 04-13-2012 12:14 PM In reply to

    Re: Short second marriage and spousal support

    She gave up 1k every month to marry you and you want to give up after 3 months?    Honestly, that's pretty pathetic.   Don't blame her for seeking compensation from you, but only a local attorney can tell you if it's possible.

    Somehow I'm guessing she'll get "compensation" out of you for this in one form or another.  Frankly, the LEAST you can do is a bit of the counseling you SHOULD have done before she gave the $ up to marry you.

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