Will I be entitled to any support after short term marriage?

Additional Information:

I have been married for one month and am ready for a divorce. We got married because I am pregnant with his child. We rent an apartment in Natick.  He has some money in savings, I do not.  Am I entitled to anything?

ATTORNEY ANSWER:

You will be entitled to receive child support based upon the Massachusetts Child Support Guidelines.  The support is based upon your combined income with his.  You will become eligible to receive support when the baby is born, but not before.  Since the marital assets appear to be small because you rent and do not own your own home, your primary source of income from the divorce would be from child support, which would continue until the child is emancipated.  Emancipation occurs when the child reaches 18 years old and then moves out of the marital home and is working full time.  Alternatively, emancipaton occurs later after the child graduates from college, or reaches the age of 23, whichever happens first.

One important factor that could change this is if the father wants primary physical custody, or shared physical custody with you.  In that event, the amount, if any, that he pays in child support would be significantly less.  It is unlikely, however, that any probate court judge would award physical custody of the infant child to the father, unless the mother was “unfit” which is a difficult burden to overcome.

Attorney David Rubin is a Natick divorce attorney and provides legal representation to clients in communities such as Boston, Boston MetroWest, Framingham, Dedham, Marlborough, Natick, Needham, Newton, Waltham and Worcester.

David L. Rubin, Attorney at Law
Natick Divorce Attorney
929 Worcester Road
Framingham, MA 01701
Telephone: (508) 875-9797
Fax: (508) 820-1560