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Roger
Roger, Attorney
Category: Family Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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This is about spousal support and your opinion. 50 yr old woman

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This is about spousal support and your opinion. 50 yr old woman gave up her career, friends, family, apt, way of life at the beach that she loved to marry a 50 yr old man with 2 adult sons who were moving out), and a 15 yr son. Man told woman he would and wanted to take care of her and give her a wonderful life in their marriage (typical wrds from dating couples/engaged couples...or men who are heavily pursuing a woman). Anyway, they're in love, they marry (they knew each other in high school). So he moves her to his home in another state, far away from everything and everyone who she loves. Total climate change too. She moves in and that the home is a frat house(yes literally), and he allows it. Home is in foreclosure, bank accounts overdrawn 10+ times cycle, 2 adults don't work, go to school, girlfriends stay there, dad pays for everything, few months later dad has credit card judgement, ex wife also threatens attorney for nonpayment of alimony, all bills are 1-2 months late, checks for $200-400 being cashed by adult sons. Wife has found hidden mail in spare tire of his car. Wife finding out lies, deceit, total betrayal.Husband is glued to computer and tv for hours, ignoring wife. No empathy, no sympathy, no emotional support. Wife complains, cries, etc. He gets mad because she's not happy. His response for a year, "there's the door". Question.....if wife leaves because of fake, phoney, fraud, emotional abandonment, is it possible to get spousal support in Virginia. She would be moving closer to her job of an hour away and very expensive. She has used her savings, 401k, her accounting/credit skills to help husband and stepsons with their credit problems but they dont take responsibility. Adult sons have been entitled and still are. Ex wife never paid child support. Not involved with their lives for last 5 yrs except by phone/text. But husband has enabled them. Husband has also allowed both to humuliate and disrespect his new wife and spit in her face, cuss her and he has blamed her for everything wrong in the house. Adult sons and husband have teamed up against her. He doesnt discipline or enforce rules or payment of any bills on them and actually told wife to work full time so she wouldnt be around. Friends have told her to leave. She goes to therapist to help. Husband refuses to talk with anyone. He thinks he is right and she is wrong. She is trying to instill responsibility in stepsons and husband says none of her business. She had to take over finances, but husband does things behind her back and puts accounts in jeopardy again. She is covered under husbands insurance and doesnt have to work full time or work 3 jobs anymore. But she is abandoned emotionally and totally disrespected by him and offspring. Husband had claimed to be a christian man, saying he raised his sons alone. He lied to her and also had a woman on the side for 3 months while engaged. Total fraud. Husband is govt contractor who chooses to spend money instead of paying debt/bills. Does she have grounds for at least some spousal support? She stays because she says that she hopes things will be better next year when they move to city (both jobs) and boys have to get out. She is totally different person now, not the happy independent confident woman, and very depressed.
Submitted: 9 months ago.
Category: Family Law
Expert:  Roger replied 9 months ago.

Hi - my name is XXXXX XXXXX X'X a Family Law litigation attorney. Thanks for your post. I'll be glad to assist you.

 

One question - - how long have they been married?

Customer: replied 9 months ago.
One year as of may
Expert:  Roger replied 9 months ago.

Ok. Thank you very much for that.

USUALLY, courts aren't very willing to award spousal support to a short-term marriage (generally considered to be 1-3 years). This is so because a short marriage really doesn't allow a person to become dependent on the other spouse's income, property, resources, etc. Thus, your friend would have a tough time seeking spousal support given the very short marriage.

Also, even if she were allowed spousal support, it generally only lasts for 1/2 the length of the marriage, so you're literally looking at 6 months or so of support, which likely would not amount to much money.

What you've described about him being dishonest would be a ground for divorce, but it would not guarantee spousal support because of the brevity of the marriage.

That said, it is not impossible to receive spousal support in a short marriage, but she would have to be able to prove to the judge that she requires his financial assistance to maintain her standard of living, monthly bills, etc. -- and this may be possible since she moved from her home, job, etc. to marry him. But, even in that case, she shouldn't expect support for more than 6-8 months.

As for the amount of support, that would depend on what he can afford AND what she needs to supplement her own income to maintain her monthly obligations. Thus, she'd have to look at when she would need every month to maintain herself, look at what she can pay on her own and then seek the difference from him.

If she does divorce, she should consult an attorney about the spousal support issue because it is going to be a very difficult issue to tackle because the odds are against her obtaining support because of the short marriage.

I hope this answers your question, but if you need anything further, please don't hesitate to ask. Thanks!

Customer: replied 9 months ago.
thank you. He would say he doesnt have the money. But his adlt sons dont pay a dime to live there. So he really does have the money. Does that weigh? Ive told her she can stay with me temp. She keeps thinking it will change . When "they" move next year it will be 2 years he subjected her to this abuse. Isnt that what it is? Thanks for your opinion, advice.
Expert:  Roger replied 9 months ago.
I'm regard to whether he has the money, they won't take his word for it. The court will require financial data/proof of his income when determining support.

Also, his dishonesty and treatment could certainly be considered mental abuse. I know this is a tough situation and should be handled in a way that gives her the best chance at regaining her life.
Roger, Attorney
Category: Family Law
Satisfied Customers: 25284
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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