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Leslie D.
Leslie D., Family Law Attorney
Category: Family Law
Satisfied Customers: 201
Experience:  Experience in family law, abuse and assault victim advocate
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Customer Question

We have signed a separation agreement. Unfortunately I am worried that I may not be able to make it once the divorce is over. I make 40,000/year and my husband makes91,000/year. After the divorce he will only pay chid support of 600/month. I asked the lawyer why I should not get spousal support he said it because I have a masters degree. I told him I am 47yr old and my reviews at my job were not very satifactory. This makes me unsecure carrierwise and my age does not help either. I have mentioned this to another lawyer she said since I already signed the separation agreement there is nothing that can be done to change the agreement. The chid is 10 yrs old and he is shared equally among us. I have been married for 24 years. I think this is unfair but my lawyer does not agree with me. I still have to pay him $15,000 but honestly I feel he should get less than that because he has denied me the spousal support which I deserve for a reasons not clear to me. Can anyone help
Submitted: 6 years ago.
Category: Family Law
Expert:  Leslie D. replied 6 years ago.

Unfortunately, lawyers do not make the laws that govern spousal support. It may very well be unfair that you are not going to receive spousal support, but courts generally do not favor awarding spousal support, and it is generally only awarded when one spouse does not have the ability to earn an income, usually due to the fact that they did not work for a long time during a lengthy marriage. Your lawyer was right in that it hurts your argument for spousal support because you have a master's degree. The court will not look at your actual job performance, but at your qualifications and ability to earn an income. The performance and reviews will be seen as up to you, but you have the basic qualifications necessary to support yourself. Perhaps your lawyer was not very sympathetic to your situation in this case, but I think that he was providing you with an honest and realistic opinion of your case. It is much harder to get spousal support now than it was in the past.

It is also true that you could have included spousal support in your agreement, but since the agreement has been finalized and executed, it will be very difficult to persuade a renegotiation of the agreement which includes spousal support. You could always request your lawyer to discuss the possibility of attempting to negotiate spousal support, but I agree that it will be very difficult at this point to include it in your agreement.

I am sorry I don't have better news for you. Please let me know if you have any additional questions.

Thanks,

Leslie

Leslie D., Family Law Attorney
Category: Family Law
Satisfied Customers: 201
Experience: Experience in family law, abuse and assault victim advocate
Leslie D. and other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you I am satisfied wiht your answer thnk you so much for taking the time to answer me.

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Leslie D.
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Family Lawyer
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Experience in family law, abuse and assault victim advocate