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David L
David L, Family Law Attorney
Category: Family Law
Satisfied Customers: 3255
Experience:  Practicing family law attorney in multiple jurisdictions
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My wife has been deployed for the past 7 months and 1 month

Customer Question

My wife has been deployed for the past 7 months and 1 month ago she told me she was leaving me.

She has had an affair based on the circumstances, but of course will not admit to it.

She has been the sole income provider for the past 10 years and has cut me off from any income to pay bills or for living expenses.

I've sacrificed furthering my education and career in support of hers. I've been invaluable in every success she has achieved to the point that it would not have been possible for her without my support.

We live in Virgina

Can I get spousal support/alimony? If, so what should I expect to receive?
Submitted: 5 years ago.
Category: Family Law
Expert:  David L replied 5 years ago.

Hello. It sounds like you have a good chance to receive spousal support from your wife, however, it is impossible to determine what that amount would be. Courts can grant different types of alimony, from a shorter-term rehabilitation alimony to a permanent-type alimony. Rehabilitative alimony is intended to be a short-term measure which enables a spouse to get back on his or her feet. Alimony is awarded to enable the other spouse to go back to school or to acquire needed skills that would enable the spouse to be competitive in the job market. It all depends on the specific facts of your particular case as to what type and how much alimony might be awarded. Here is a list of the factors used, from the statute:

E. The court, in determining whether to award support and maintenance for a spouse, shall consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95. In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following:

1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;

2. The standard of living established during the marriage;

3. The duration of the marriage;

4. The age and physical and mental condition of the parties and any special circumstances of the family;

5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;

6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;

7. The property interests of the parties, both real and personal, tangible and intangible;

8. The provisions made with regard to the marital property under §20-107.3;

9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;

10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;

11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;

12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and

13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

David L and 7 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
My concern now is that I have no income to live on or pay bills and she has not agreed to help me in anyway. I don't want a divorce but need financial help now.

She has abandoned me. I don't know where she is now

She has a Doctoral Degree which she recieved this year, income of 120k. I only have a high school degree.

She is paying her bills but stopped paying mine and I haven't recieved any money for living expenses for a month now.

What do I do? just let all my oblications go into default and move back home with my parents?

Customer: replied 5 years ago.
My concern now is that I have no income to live on or pay bills and she has not agreed to help me in anyway. I don't want a divorce but need financial help now.

She has abandoned me. I don't know where she is now

She has a Doctoral Degree which she recieved this year, income of 120k. I only have a high school degree.

She is paying her bills but stopped paying mine and I haven't recieved any money for living expenses for a month now.

What do I do? just let all my oblications go into default and move back home with my parents?
Expert:  David L replied 5 years ago.
Until a divorce is final, all assets (including her paycheck) are marital assets. You will need to file for divorce and petition the court for some immediate relief. The court can compel her to give you access to marital funds until all the final particulars are worked out.
David L and 7 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
Would a petition to the court for some immediate relief (access to marital funds) be contingent on me being force to seek employment?

I'm simply not prepared to re-enter the work force at this time for many reasons, but most notably is that fact that I am an emotional wreck with the thought of my wife leaving me under the current circumstances (deployed for the past 7 months)

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