What are my rights to alimony in a long-term marriage if my husband doesn’t want to pay it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights to alimony in a long-term marriage if my husband doesn’t want to pay it?
After 30 years my husband asked for divorce. I am on disability from federal gov for 5 years .He hasn’t worked in 3 years; he’s been living on my disability. Can I get alimony from someone who has stop looking. I know he is trying to develop new business venture with partners with money, can I ask for future earnings? He keeps telling me that they can’t make him pay what he doesn’t have. I think he will try getting paid under the table to keep from helping me. During our marriage we have lost 1 home due to his insistence on taking wild risks now it looks like it will happen again; we have $100,000 equity but bank is refusing to work with us. What happens now?
Asked on September 3, 2010 under Family Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You need to consult with a marriage or family law attorney. As a general matter, you have a right to a share of marital assets. Whether you will be awarded alimony, and how much, depends on the facts--if he has no income for example (while you do--the disability), the court could order minimal alimony for you, or none, or even order you to pay him. Courts don't take speculative future earnings into account (e.g. maybe he'll finally make it big), though if there is an existing business, even if currently unprofitible, you might be given an interest in that could pay off later. If he's trying to hide assets (e.g. being paid under the table), if it can be proven or shown that's the case, the court will take into account his actual, provable earnings, not just what he voluntarily reports...though this could require some digging and "detective" work. Consult with an attoreny to see what your rights and recourse are. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.