Can I get alimony if my husband leaves me knowing that I have a medical condition?

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Can I get alimony if my husband leaves me knowing that I have a medical condition?

Asked on July 1, 2015 under Family Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

For a more definitive answer, speak with a family or divorce law attorney, since every situation is different and depends on its own unique facts. That said, generally, alimony or spousal support is not based on a medical condition per se. Rather, it is based on the spouses' respective earnings, contribution to the family, earning potential, and years married. Generally, the less you earned or reasonably can earn and the longer you were married, the more alimony you'd get, since your then ex-husband will have to support you for some period of time (years) in a similar fashion to how you lived, at least with the confines of what he can possibly afford. (And if you were not working due to a medical condition, that would be factor, but it's a factor because of your work and earnings, or lack thereof, not because of the condition itself.) On the other hand, if you were an equal or even primary breadwinner, you might not get almony at all--or if you earned a lot more than your husband, might have to pay him.


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