I just have a few questions pertaining divorce laws. Hope someone can answer.
1- Does the wife only get alimony only if the husband files for the divorce or even if she files herself? To my understanding its the first case but just want to make sure.
2- If the wife is earning herself is there any such thing as alimony for the husband???
3- If both people are earning how does child suport work out. Is it less than it would have been if only one of the two had jobs?
4- If the court allots alimony to the wife how long does she continue to get it? For the rest of her life or until she remarrys? Does she get half of the ex-husbands pension too? If she marries someone else in this duration, how does that effect alimony and child support?
AD 1) Dunno about US. Divorce laws are pretty much the same in the west, I guess. She can file for divorce and alimony both. Her chances of getting it are better if she's not earning as much as her husband though.
AD 2) Yes, especially if shes making more than him. Her situation is bad if he either never earned anything or can prove that she's been supporting him financially (Account sheets etc) or if she owns something (house, car, bank balance) and he doesn't. (Mostly ppl empty their account before filing for divorce).
Ad 3) No idea.
Ad 4) Not sure, I'm pretty sure that its till you remarry, cuz then the new couple is responsible for each other. Pension doesn't make sense, since you're not his family anymore, you don't get part of his life insurance either, unless he wrote a will. Child support continues even if you re-marry unless the second husband adopts the child.
It depends from state to state within the United States. The initiator of the process has no bearing over who does or doesn't get alimony. What one brings into marriage is usually kept by that person.
Hmmm. Actually a friend of mine just got diveroced. Apparently she made life so miserable for him that he filed divorce himself. She gets alimony, child support for the kids, half the house they owned which she bought out since she has a good job of her own too! I was just wondering that if they both have good jobs why would she get alimony!
she gets alimony because it is still a traditional setup courts wise (man supporting the woman) and also because she probably has custody over her kids which means she has the bigger share of the monatary expenses related to the kid. Also if they got married and he was supporting her then he is more liable to pay alimony. All this is based on my interpetition of the US law.