QUESTION
What happens if I decide I want to divorce, but my husband quits his job and moves out of state before I can file?
Asked on Feb 10th, 2015 on Divorce - Massachusetts
More details to this question:
We have been married for over 30 years, and my husband has been verbally abusive and has anger issues leading up to my recent decision to finally divorce. I told him he had to leave and has been out of the house for 7 weeks. I found out he is planning on quitting his job and moving out of state soon. I can only afford to live on my own with the assumption I would get alimony to help with monthly bills. I have 2 children both over 18 living with me. We own our home, but still owe on it. In anger recently he sent to me he would quit his job before he ever paid me alimony. I'm concerned he is planning on doing this for real. What happens in this case? Do I have any rights? If he quits his job and finds another one down the road can I ask for alimony then? Do I wait and file for divorce once I know he has secured a new job? What if he takes a much lower pay job than he has now?
1 ANSWER
Pursuant to Massachusetts General Law chapter 208, section 53, (f) In determining the incomes of parties with respect to the issue of alimony, the court may attribute income to a party who is unemployed or underemployed. So, by statute, if your husband quits his job or intentionally decrease his income, then the judge is allowed to still base alimony on his income before quitting or decreasing his income. It is in your best interest to file for divorce before he quits or leaves the state.
Answered on Feb 11th, 2015 at 10:36 AM