Do you have to be married for 10 yrs to get any money in a divorce?

Question

Someone I know wants to get a divorce but was told by a family member that in order for her to get anything in the divorce (they have small children) that she needs to be married for at least 10 yrs. I have never heard of this.

Answer 1

Not true.  If you have children then non-custodial parent will owe child support no matter how long the marriage lasted.  If one spouse is making more money at the time of divorce the other can file for alimony.  The 10 year mark only comes into play because after 10 years you can file for lifetime alimony, assuming you never remarry.  You can still be awarded alimony if you're married less than 10 years, but you'll only receive it for a limited time.

Answer 2

nope.  if you are married and want a divorce, you don't have to stay together for 10 years in order to get money.  the court will decide (unless you get a mediator) how much money the wife will get.

Answer 3

generally no alimony  

Answer 4

That is absurd. But, if she's looking for alimony, she won't likely get regardless of how long they are together. Most states are 50/50 splitting assets of the marriage. Regardless of length of time together the children will get child support.

Answer 5

That's absurd.

Answer 6

I know this from experience, the amount of money you get for child support will be based on his income and the alimony will be based of the number of years you have been married as well as the lifestyle he has provided for you and your children, also the 10 year rule is true in most states, one fact that is TRUE in order for you to get any of his retirement money including social security if he passes you must be married for 10 years there is no way around that

Answer 7

She can get child support. If she was not working and he was the only provider she can get alimony! She needs a great layer though!  

Answer 8

That is true here in Oklahoma.

-crg

Answer 9

You have never heard of this because it is not true.

Answer 10

No, she is entitled to child support and possibly alimony. The 10 year mark is to receive 1/2 of your spouses retirement when they retire.

Answer 11

That's not true. You could be married for ten minutes and your still entitled to at lest half.

Answer 12

that is not true you could be married for 4 months and file for a divorce the only thing is they try to send you to marriage counseling to save the marriage and if it doesn't work then they proceed with the divorce

Answer 13

She can get child support but generally no alimony (or spousal support).

And it is true in most states - prevents someone marrying and divorcing just to take the other person's money.

Answer 14

I am sure that same family member has a long history of extreme ignorance.

Answer 15

I have never heard of that either as long as she/he has proof  they were married and lived in the house together and shared all the bills and also have kids by that partner then she/ he is able to get child support for that child. and as for alimony that person who is trying to get money from that partner they have to prove that that person was having extra marital affairs of course with someone else. also if either partner signed pre nuptiall papers before getting married then oh well their out of luck then.But also if you owned a house with each other the other partner that is either going to stay there will have to buy out the otherhalf'ss part in the house if they can't pay it off to them then they have to sale the house and split the leftover residual after all other bills are left over and are paid that each of you made when you were together. If I learn more and you need help just get in touch with me.