What are my financial options if my wife left me and child and I’m unemployed?

UPDATED: Oct 1, 2022

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What are my financial options if my wife left me and child and I’m unemployed?

My wife left me and our child nearly 2 months ago. She had, and is continuing to have, an affair. Yet, as of this month, she is still paying our bills, rent and utilities. I am not yet employed and I do not drive. My daughter and I are forced to rely on my wife at this moment and I received news from her that her new relationship does not want her to continue paying for everything to keep our household going. I’m looking to know what my options are. I am actively seeking employment yet need to be home for my daughter, having no reliable transportation makes that extremely difficult.

Asked on November 2, 2018 under Family Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

File for divorce. Not only will your wife, if she was the main breadwinner (as appears to be the case from your question) most likely have to pay you spousal support (alimony) and child support (if you gain custody of your child, as also sounds likely)--and you will be entitled to a share of the joint or marital property--but while the divorce is going on, you can get a court order on an "emergent" (think: "urgent" or "emergency") basis ordering her to pay you support during the action, so as to maintain the current status quo until the divorce is fully resolved. A family law attorney will know how to do this; consult with one right away.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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