SPOUSAL SUPPORT

Oct 30, 2018

Question #108:My mother-in-law was awarded alimony after a divorce in New York over 25 years ago. About 15 years ago her ex stopped gradually stopped making payments. Because she was scared my mother-in-law did nothing about it. She is now about to be laid off from her job. Is she entitled to back alimony and future alimony? Or, was there a limit on the time she could fight for the money she was/is owed? She has never remarried.

I do not believe there is a time limit in which one can demand past alimony. However she should be prepared to give a good reason why she has not made such demand for 15 years. At some time there is a concept of “latches” in which one loses one’s right to demand payment. Good […]

Oct 30, 2018

Question #100:I have been married for a year and a half. I believe there is infidelity on the part on my husband. I constantly find phone numbers, condoms (we don’t use them), receipts for gifts bought for other women(I know for a fact they were for women), disappearing acts, etc. I tried to talk with my husband to get to the root of the problem which only further aggravated the situation. He decided that since I don’t trust him, he was leaving and has been gone for about two months. In the meantime, I have been left without financial support and have gotten behind in my bills. We both worked, but my salary almost doubles his. This does not make handling the bills on my own any easier since without his income I am living above my means. What recourse do I have financially if I pursue separation financially? I would hate to be supporting him financially because I make more money. We have no children together, but I have three from a previous relationship. I want to separate, but I surely don’t want to pay him for leaving me.

Although you make approximately twice as much as your husband, since the duration of the marriage is only one year and a half, the amount and length of spousal support should not be that great. On the other hand, if you were both contributing your incomes to be able to live a certain lifestyle, he […]

Oct 30, 2018

Question #86: hi: just wanted to find out what the ny state laws towards alimony is and does it also relate to someone who is on a foreign work permit.

Today alimony is referred to as “spousal support” and whether the court would grant spousal support depends on the circumstances of each individual case such as duration of the marriage, is the spouse seeking support employed, is s\he earning enough to support herself, the lifestyle of the couple during the marriage, etc. Under most cases, […]

Oct 30, 2018

Question #84: My husband and I have been married for 4 years. We have a 2 year old son. He is military and I was until our child was born. We both agreed for me to get out of the service to take care of the child and go back to college. Everything we own is in his name even though we bought it after marriage. He has not been a very good husband and i am tired of being miserable. I want out after two years of trying to work it out. I have no job, no car and no income. He has agreed to let me keep the car and he will pay for it. We lived in TX and I decided to move back to VA with my family. I want him to be able to have a good relationship with our son but it seems almost impossible. I don’t want this to be ugly and I still want to be on good terms with him. I really don’t have the money to fight him in court over property. How much support is he required to give me until the divorce is final. The only bills we have is house, car insurance, etc. There is no credit cards or lines of credit. He has almost $1000 left over a month after all bills are paid. He says that if I decided for sure to divorce then I am cut off to any financial support besides child support and he is just paying the car payment. He wants to keep the house and I do not contest that even though there is over $10,000 in equity in it. How can I do this peacefully? I can not afford daycare so I can go to school. I will get my G.I. Bill in Oct. but that is not helping me now. Jobs in my area (southwestern VA) are scarce and most people want full time and will not hire for a few weeks only. I would appreciate it if you can help any at all.

I cannot tell which state has jurisdiction over your case ,but in an”Equitable distribution state ‘ or a “Community property state”you would be entitled to approximately half of all marital assets (i.e. all assets acquired during the marriage with funds earned during the marriage regardless of in whose name the assets are registered). In addition, […]

Oct 30, 2018

Question #67: I have been married 26 years. I served my husband with divorce papers last Sept. He moved out last Dec. We are at the stage of either a trial or settle. He offered to settle 50/50 everything with child support til our last child is emancipated and no maintenance. He earned $112K last year and I earned $35K. He claims I am self supporting and I cant afford to live in the home the way I am use to. Should I be entitled to alimony?

In order to answer your question properly I would need more information. Assuming, however, that for the 26 years of marriage your husband supported you and the family and that you lived a lifestyle commensurate with his income, you would be entitled to some form of spousal support for a number of years to allow […]

Oct 30, 2018

Question #56: I’ve been married for 8 yrs and now I want to file for divorce and move out of state. I haven’t really worked much in the years we have been married; there are no kids involved and we rent our home. He makes over 100 thousand a year but tells me I will leave with what I came in to the marriage with, is this a true statement? I’m very much alone in this and I know I will need some sort of support for a short period of time. Also can he cut me out of his medical insurance once there is a legal separation? Help!! I’m really lost. Thank you.

You are entitled to approximately one half of everything you both have acquired during the course of the marriage, no matter in whose name the money, shares, accounts, or real property is in. If you do not have medical insurance, he will have to cover you and provide you with spousal support until you can […]

LEONARD M.WEINER, ESQ, Ph.D.

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Question #86: hi: just wanted to find out what the ny state laws towards alimony is and does it also relate to someone who is on a foreign work permit.