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Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2150
Experience:  Divorce, custody and child support attorney.
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after being married for over 26 years my husband wants a divorce

Customer Question

after being married for over 26 years my husband wants a divorce am I entitled to alimony as well as child support
Submitted: 3 years ago.
Category: Family Law
Expert:  Lawyer Lori replied 3 years ago.

Lawyer Lori :

In Arkansas, alimony is not a right and is decided by the court on a case-by-case basis. The circumstances of the parties will be taken into consideration by the court when determining alimony; that is if the parties do not agree to alimony terms in the settlement process. Some of the factors considered by the court will be: differences in income, whether the recipient needs the income to maintain their standard of living, whether one party was the primary breadwinner. Also, the length of marriage will come into play in determining how long alimony will be paid, and, generally, a marriage of more than 20 years will warrant the payment of alimony. Alimony will terminate under the terms of the divorce, or if you should remarry, cohabitate or have a child with another man.

Lawyer Lori :

Hope this helps. Please let me know if you have any followup questions.

Customer :

he makes the most money but i provide the insurance and am the primary cargiver of the children as well as the upkeep of the home (laundry, vaccuuming and cooking)

Customer :

does that make any difference

Customer :

do i get to keep the primary residence if he moves out. I can't have any more children but he can will I get custody (child in question is 14)

Lawyer Lori :

If he makes the most money, he would be the primary breadwinner for the family and should be considered in the calculation of alimony. As for the medical insurance for the children - the fact that you provide it will be considered in the calculation of child support. Being the primary caregiver for the children will be considered in determining custody of the child. The primary residence will be disposed of as part of the property distribution.

Customer :

will I be able to stay in the home until it sells

Customer :

what are my rights if I have to move out of state for the support of my family

Customer :

my family lives in KY his lives in AR

Lawyer Lori :

Typically, the party living in the house at the time the divorce is filed remains in the house until it is either sold or transferred to the other spouse pursuant to their agreement.

Customer :

thank you for your help lori

Lawyer Lori :

You may move out of state; however, the issue is the minor child. You may, as part of the divorce, seek to move with the child. But if you move prior to the divorce being filed, he may file a motion to have the child returned.

Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2150
Experience: Divorce, custody and child support attorney.
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