QUESTION

Can I still get spousal support if I left my husband?

Asked on Jan 03rd, 2014 on Divorce - Texas
More details to this question:
I left my husband due to lack of love and affection and because I found out that he had a ton of porno pictures and videos on his computer and has been doing this for over 8 years.
Report Abuse

9 ANSWERS

Family Attorney serving Sacramento, CA at Peyton & Associates
Update Your Profile
Spousal support does not consider who left who. It is based on one party's need and the other party's ability to pay. Get an attorney to help you get some support.
Answered on Jan 08th, 2014 at 5:11 AM

Report Abuse
The question of spousal maintenance is fact intensive, and you do not provide sufficient information for a meaningful answer. You should consult with an experienced family law attorney in your area to discuss this questions and the other issues involved in a dissolution matter.
Answered on Jan 07th, 2014 at 5:50 AM

Report Abuse
Yes if there is disparity in the two parties income.
Answered on Jan 07th, 2014 at 5:49 AM

Report Abuse
Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
In Idaho you generally only get spousal support to get you back on your feet. If you have been working, probably not. If you stopped going to school for him, maybe enough to help you get your degree. The only other reason might be abuse, possibly adultery, but in that case it is normally taken care of in the property settlement.
Answered on Jan 06th, 2014 at 1:23 PM

Report Abuse
Yes it depends on how long you have been married and how much each of you earns.
Answered on Jan 06th, 2014 at 1:14 PM

Report Abuse
Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
Update Your Profile
In Utah, it is *possible* (though not guaranteed) to be awarded alimony even if you are the one who left her spouse and/or filed for divorce. The law governing the criteria for awarding divorce is, in a nutshell (See this excerpt from Utah Code Section 30-3-5, especially subsections 8): (8) (a) The court shall consider at least the following factors in determining alimony: (i) the financial condition and needs of the recipient spouse; (ii) the recipient's earning capacity or ability to produce income; (iii) the ability of the payor spouse to provide support; (iv) the length of the marriage; (v) whether the recipient spouse has custody of minor children requiring support; (vi) whether the recipient spouse worked in a business owned or operated by the payor spouse; and (vii) whether the recipient spouse directly contributed to any increase in the payor spouse's skill by paying for education received by the payor spouse or enabling the payor spouse to attend school during the marriage. (b) The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. (c) "Fault" means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: (i) engaging in sexual relations with a person other than the party's spouse; (ii) knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children; (iii) knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or (iv) substantially undermining the financial stability of the other party or the minor children. (d) The court may, when fault is at issue, close the proceedings and seal the court records. (e) As a general rule, the court should look to the standard of living, existing at the time of separation, in determining alimony in accordance with Subsection (8)(a). However, the court shall consider all relevant facts and equitable principles and may, in its discretion, base alimony on the standard of living that existed at the time of trial. In marriages of short duration, when no children have been conceived or born during the marriage, the court may consider the standard of living that existed at the time of the marriage. (f) The court may, under appropriate circumstances, attempt to equalize the parties' respective standards of living. (g) When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, that change shall be considered in dividing the marital property and in determining the amount of alimony. If one spouse's earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court may make a compensating adjustment in dividing the marital property and awarding alimony. (h) In determining alimony when a marriage of short duration dissolves, and no children have been conceived or born during the marriage, the court may consider restoring each party to the condition which existed at the time of the marriage. (i) (i) The court has continuing jurisdiction to make substantive changes and new orders regarding alimony based on a substantial material change in circumstances not foreseeable at the time of the divorce. (ii) The court may not modify alimony or issue a new order for alimony to address needs of the recipient that did not exist at the time the decree was entered, unless the court finds extenuating circumstances that justify that action. (iii) In determining alimony, the income of any subsequent spouse of the payor may not be considered, except as provided in this Subsectio
Answered on Jan 06th, 2014 at 1:06 PM

Report Abuse
Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
Update Your Profile
Alimony is based on criteria that have nothing to do with who left who. If you meet the other criteria, you being the party who left the family residence would have no bearing.
Answered on Jan 06th, 2014 at 1:03 PM

Report Abuse
There is not a yes or no answer to your question. Spousal support takes several factors into consideration. i.e. length of marriage, income of both parties, life style during the marriage, etc. Consider Mediation, it is Fast, Effective and Affordable.
Answered on Jan 06th, 2014 at 12:34 PM

Report Abuse
It?s theoretically possible, yes, but spousal support is incredibly difficult to get in Texas. The biggest factors will be whether he makes significantly more money than you and what your outlook is for being able to support yourself. Even if you are able to get spousal support, it is only designed to provide for your minimum basic needs and the most you could get is $2,500/month.
Answered on Jan 06th, 2014 at 12:33 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters