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When did you drop out, at his request? Was that 10 years ago?

So were you in school or were you working at the time? When you said you "gave up a career" that implies working, but I want to make certain that I understand.

Thank you. One moment please while I research this, and will get back to you shortly...

One other thing: how old are you currently?

In addition to any property award upon divorce, you could petition the court for "alimony". This is entirely in the discretion of the trial court, as to the amount and time period that this would be awarded. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the NY Court will order support from one spouse to the other on a case-by-case basis as follows: The court will determine temporary or permanent maintenance one case-by-case basis by considering the following factors:

(1) any income or assets of the parties including the property award;

(2) the length of the marriage and the age and health of the parties;

(3) the earning potential of both parties;

(4) If and how long it would take the party seeking support to become self-supporting;

(5) reduced or lost lifetime earning capacity;

(6) the presence of children of the marriage in the respective homes of the parties;

(7) the tax ramifications;

(8) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;

(9) any dissipation of assets;

(10) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and

(11) any other factor which the court shall expressly find to be just and proper. (Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 236)

At your age, and assuming that you're fit and able to return to work, the court could order what's known as "remedial" alimony.

That is, alimony that is designed to give you time to get education, a job, etc... basically back on your feet.

This is not alimony that will last for a long time, but rather probably only a year or two to give you time to be in the position that you would have been in had you not put your career and education on hold.

Again, this is all in the discretion of the trial court, as to the amount and length of this award, but I would think that you would be able to get something. This, of course, is in addition to the property distribution that you would receive upon the divorc.e

*divorce

In that instance, it's possible that a court would grant you a little bit extra time because of the pregnancy, but any support for the child would be "child support" which is entirely separate from spousal support (alimony). Child support is mandatory, and the judge would not have any discretion over that amount unless the total income of both spouses exceeds a certain income.

That might be a consideration under (11), but to be entirely honest, it probably would not be a big one in considering alimony unless it left you disabled to the point where you could not work.

It would be more of a factor if there was a fight over custody.

Couldn't really say. The court is going to be interested in maintaining a certain "quality of life", but that pretty much means in economic terms. It might be more difficult to enforce an alimony award if you're overseas, so the court might opt for a higher property distribution and a lower alimony in that situation.

But most of the time courts act on the assumption that the parties will continue to reside within the jurisdiction after the divorce.

That's where you'll need to bring up that a divorce will force you to move, which is why the alimony needs to be awarded (so that you can stay)

Wow, I'm sorry to hear that. The property includes personal property (physical and non-physical, so jewelry, vehicles, TV sets, etc... as well as bank accounts, stocks, retirement accounts, etc...), and all this would be considered and divided upon divorce.

But note number 1 in that list, in that the court can consider the lack of property owned as a factor in the amount of the award.

If, for instance, you don't have any assets (real or personal), nor not a lot of money in the bank, but he just got a new job that he's going to make hundreds of thousands of dollars, the court can impose a pretty significant alimony award to offset the lack of property award.

That's my point when I said that the court could consider the property distribution in the alimony determination.

Yes.

And any financial assets that may be owned (bank accounts, savings, stocks, 401ks, etc...)

Typically separate property and separate debt will remain that way. Now if he agreed to co-sign or convinced you to take that debt, then the court might consider that.

And especially if he wanted you to drop out, the court would absolutely consider that.

Understood, but who pays and who's liable are two different things.

You would still be liable, solely, for those bills, but his actions compelling you to drop out would be considered in an alimony award.

No, he can't throw you out. You're on the lease as well. He couldn't evict you. He can stop paying, and the landlord can evict you both, but he has no power to "throw you out".

Most of the time a couple will get temporary orders that govern who lives where during a divorce, and then the court will rule on who gets the apartment / house in the end.

That will be part of the alimony award. The judge might award you the apartment but order him to pay the lease. The whole point is that you're going to get something to help you get back on your feet.

It's not his say. If he doesn't acknowledge paternity, you can take him to court in a paternity / child support action.

Only if it really wasn't his would he have no responsibility to support the child.

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Same factors. Length of marriage is a big one, as is earning potential of the parties and how long it would take to be self supporting. A 28 year old will take less time to "get back on her feet" than a 60 year old.

Understood, and if you were "de facto" married (basically were married in all but name) then the court could also consider that.

So the length that you were together would be a facotr.

*factor

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!

He's biased. You need to focus more on the time that you were together rather than the time that you were married. A court is more likely to award alimony to a party to a 10 year relationship than a 1 year marriage (it's just the way you frame it). I think that you have a great chance of getting short term alimony, especially in light of his culpability in where you are today. I don't think it will last past 3-5 years though.

Yes, what he makes and the income disparity is the primary factor (again, refer to the list I posted) that the court considers.

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and again, good luck to you!

You're welcome.