My husband and I are legally married 25 years, we have lived apart for 14 years. I would like a divorce. Am I entitled to Alimony?

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My husband and I are legally married 25 years, we have lived apart for 14 years. I would like a divorce. Am I entitled to Alimony?

Asked on May 26, 2009 under Family Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There are a lot of factors that must be addressed before a proper answer can be given. First of all, alimony, which is referred to as maintenance is based on the standard of living you and your husband enjoyed during the marriage and whether or not you will each continue this standard after the divorce. It also depends on factors such as age, health, education, employment potential and contributions duritng the marriage. Also, since you have been separated for such a long period of time, it would also depend on how you each lived during the separation and whether or not he contributed to your living expenses over and above any child support he may have been paying you. You may want to outline more specifics of your situation so a more detailed answer can be given or you may want to seek a consultation with a family law attorney in your area.  

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

Answered 12 years ago | Contributor

First you need to answer this question: has he paid you any alimony over the last 14 years?  If you have been supporting yourself since you have lived separate and apart the answer is most likely not.   You did not mention if you have assets together like a home, if he has contributed to a mortgage, etc.,  if you have children and he pays child support.  Your best bet is to seek advice from an attorney with all the information.  You can look here at attorneypages.com

 


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