Can my husband get alimony?
UPDATED: Oct 1, 2022
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Can my husband get alimony?
We’ve been together 30 years; he’s been verbally and mentally abusive for all of it. I’m finally strong enough and the kids are grown I want a divorce. His aunt bought us a house 9 years ago and it was in hers and my names as she didn’t trust him. Last year he had knee replacement and told me that he hated me and I was an “F’ing b!tch” and wished I would die. I decided then and there I was done. His aunt said that if I sign my name off the house she would have him evicted and the children and I could live there; she’d give us a lease. I’m not sure what happened but the house is now in my husband’s and his sister’s names. I told him that he can stay in the paid off house, keep the furniture and just let me be. He answers the phone for his sister’s company to make money. The place where he was employed when he had his surgery wants him back and offered him a desk position. Now he’s insisting he’s disabled and he wants alimony from me. He says that he’s going to live easy. I make less than $40,000 a year and he can make twice that.
Asked on May 29, 2018 under Family Law, Georgia
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
He *can* get alimony, in that the court clearly has the power to grant him alimony if it decides that under the circumstances, you in fact have the greater earning potential. You cite to a number of factors of that would argue against him getting alimony, such as that he is being paid to work for his sister, can get a job at his old employer in addition to or instead of working for his sister, has (you believe) higher earning potential, etc. The key thing is, you must get all the evidence of his earning potential and ability to work in front of the court in the divorce, and that is not something necessarily easy for a non-lawyer--you need to know what kind of evidence supports your allegations of his earning potential and how to get that evidence admitted during the trial (long story short: not all evidence can be heard by a court; it must comply with court rules and rules of evidence to be admitted and relied on by the court). Hire a family law attorney to help with your divorce case. The lawyer can also take action to stop his threats.
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