QUESTION
Can I get permanent alimony if I divorce my husband?
Asked on Apr 05th, 2013 on Divorce - Florida
More details to this question:
I have been married for 21 years. We have four teenage children. Our goal was to get my husband a pilot job with a major airline and then I would quit work to stay home with kids. All my children have nice college accounts. I have not worked in 15 years. My husband makes quite a bit of money and his potential is even greater. I am 41. Can I expect alimony in a divorce, if so, what is the likelihood of it being permanent? There is no way I could possibly make up for the last 15 years of lost work where I would have been compared to where I would be if forced to go back now. Will I get to keep the house that we reside in? I am pretty sure there has been infidelity, but cannot prove it, and I am also suspicious of him funneling money elsewhere, but I cannot prove that either. I would imagine that the latter would have some sort of paper trail to follow. My mother has gifted me over $100,000 dollars in the last 5 years which has been placed in joint accounts and used to pay down on the house during refinance and for additions to our home. Can I get any of that back? I do not want to lose my home and/or be forced back into the working environment that I left behind 15 years ago.
6 ANSWERS
After a 21 year marriage, the court will not terminate support unless you agree to the termination. You should consult a family law attorney to review all of the financial transactions and advise you.
Answered on Apr 08th, 2013 at 9:31 PM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
In Michigan, an award of spousal support is based on several factors. Of course, length of marriage is considered but there are also other issues that will influence this award. Consult with an attorney to review all options and financial considerations.
Answered on Apr 08th, 2013 at 8:56 PM
Family Law Attorney serving Temecula, CA
at
Landon Rainwater Robinson LLP
Update Your Profile
You have many issues that would best be handled by sitting down with a family law attorney who can look at your specific issues. Spousal support is discretionary. Your marriage would be one of long duration and under the terms you describe some type of spousal support would probably be awarded. However, how much and for how long is discretionary. Look at family code section 4320 to see the factors a court will consider when awarding spousal support. The money your mother gifted could be characterized as separate property, if used to make home improvements you may have a right to reimbursement.
Answered on Apr 08th, 2013 at 1:43 AM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
You can expect alimony from him, at least until he retires. You can expect part of his retirement/pension. You need to have an attorney investigate whether and where he's been hiding money. You may want to explore going back to school for an education and asking that he pay towards it. You may not get it, but you can ask. The house may have to be sold, it all depends on the equity and what else there is to divide. He should pay child support. You may be able to get some of your inheritance/gift back IF you can trace it. As you put it into joint accounts, you may have a very hard time. You can also ask that he pays some of your attorney fees.
Answered on Apr 08th, 2013 at 12:30 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You need a good attorney. You might be entitled to all or part of what you are seeking, but it is very doubtful you will not have to return to work in some fashion.
Answered on Apr 08th, 2013 at 12:26 AM
John Arthur Smitten
Yes under this fact pattern you qualify for alimony.
Answered on Apr 07th, 2013 at 10:04 PM