If I stopped working to spend more time with my children and elderly parents, willI be eligible for any alimony after a 25 year marriage?

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If I stopped working to spend more time with my children and elderly parents, willI be eligible for any alimony after a 25 year marriage?

My husband wants a divorce and I do agree. I currently do not work and he travels lot and we agreed I would stay at our rental when he is out of town. I am currently helping my parents with health issues and will stay with them while our 12 and 16 year old will stay at our rental with their dad when home and me when he is gone. I stopped working last year to spend time with the youngest girls and since my husband started traveling but now I have no income and will stay with my parents until I can find a job which at 48 I am nervous about. Am I eligible for alimony of any kind?

Asked on August 15, 2011 Alabama

Answers:

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

Answered 12 years ago | Contributor

The granting of alimony by a Judge in the State of Alabama has no set rules or formula.  Rather, it is left to the discretion of the trial judge on whether or not to award the alimony.  There are some "rules" that seem to be followed.  Like that alimony is generally not given in shorter length marriages (yours is considered a marriage of long duration) and where the incomes of the parties are about equal (not an issue here).  You did not quit your job to collect alimony but rather for the best interest of the family when your husband was out of town a lot more.  I think this is a valid reason.  However, you should really speak with an attorney in your area on the matter to get an accurate interpretation of the law.  Good luck.


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