Will timing of divorce affect alimony?

[suev5]

We have been married for 25 years. We have 3 adult children. We have agreed to divorce sometime in the next 6 months. I have held a few jobs, but most have been volunteer work with no pay. I did work at a grocery store recently, but I have no desire to work.

My husband has a small construction business, but income has been minimal for 3 years. We are living off of loans from family and friends. Our house is going into foreclosure this month and we have no assets and no retirement or savings. However, it looks like my husband may finally be getting a couple of big jobs started - in about six months.

If I wait to file for divorce until my husband is making more money could it affect my chances of getting more alimony awarded? In other words, is alimony usually based on the husband's past, current or projected income?

Is there a chance that the judge will not award alimony at all?

 

[Proserpina]

There's no guarantee you would get alimony at all and frankly the court doesn't care that you don't want to work (and nor should it).

You need to find a way of supporting yourself without relying on alimony. What happens if your husband becomes disabled this time next year?

When determining an appropriate support award the court shall consider the following factors;

1. The respective merits of the spouses;
2. the post divorce financial condition of each spouse;
3. which spouse actually acquired the property being used for support;
4. and the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession.

Furthermore, the court may also consider: (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education. (Nevada Statutes - Chapter 125 - Sections: 150)

Given your current financial status, I can see a Judge ordering no alimony, or ordering minimal rehabilitative alimony for a very short period.

Then again, some spouses draw the lucky alimony card and end up with permanent alimony. I would hope that would not happen in this case.

 

[T_tops]

well said
do you think that he wants to work?