Can I get alimony if I haven’t been physically present with my husband most of the time?

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Can I get alimony if I haven’t been physically present with my husband most of the time?

My husband and I have 4 years of marriage approximately. He petitioned me to live in the states and I entered the marriage in good faith. I am a US permanent resident. The problem is he has a 24 year old felon daughter living in the same household. The time I was there I had to deal with the police 3times (robbery). Scary. I got back to my country of origin in part because of that and in part because I had to deal with a close relative’s health issue. This person has no other than me to rely on. I tried to talk about the daughter issue with him but he just wants divorce. I feel abused.

Asked on January 8, 2012 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.   The determination as to whether or not you are entitled to receive alimony - or spousal support or maintenance as some states call it - is determined by a set of factors found either in codified law or case law in the state in which the divorce action is filed. Some common general factors are length of marriage, lifestyle during the marriage, the ability of each spouse to support them selves, etc.  Being in another country may or may not effect the determination.  Judge's are left some discretion in these matters.  Good luck.


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