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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35390
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I caught my husband cheating with a former lover - he admits

Customer Question

I caught my husband cheating with a former lover - he admits it. Married for 7 years. I am disabled, can not work, last date of ee 3.21.2011. Husband is retired AF and currently a software contractor. I can not maintain my life style - since 1999, without some kind of financial support. We do not have any children.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good evening,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
In order to force your spouse to relocate from the marital home, or to pay support either for yourself, it will be necessary for you to file for divorce. After doing that, you will want to ask the court to set what is known as a Temporary Hearing. A temporary hearing is a court proceeding held soon after the filing of a divorce action and allows the parties to ask the court to issue orders affecting the other party that will remain in effect, typically until at least the time of the divorce decree.
At that hearing you may ask the judge to order your spouse to move from the marital home, as well as for an order that your spouse pay spousal support/alimony, until at least the entry of the divorce decree.
This is a very critical hearing to ask for. This hearing is not automatic, and if you do not request it, it may never be held. Another important thing to consider is having a local Family Law attorney assist you at this hearing. What occurs at the Temporary Hearing often signals what will happen after the divorce. It is important for your future that you do well at the Temporary Hearing.
Based on the number of years you have been married, and based on the presumed difference in your respective incomes, it is likely that you will qualify for spousal support, for at least a number of years.
Issues the court will generally look at in determining spousal support include:
1.The present respective incomes of the parties;
2.The education levels and earning capacities of the parties;
3.The ages and the physical, mental and emotional conditions of the parties;
4.The duration of the marriage;
5. Whether either party will be caring for children of the marriage;
6. The standard of living established during the marriage.
While the amount of spousal support you might be awarded can be virtually impossible to determine based on the facts you have provided, when spousal support is awarded in similar situations it generally amounts to 15% to 25% of the higher earning spouse's income. The duration of spousal support often runs approximately 50% the number of years of the marriage. In long term marriages of 10 years and longer, spousal support can be made permanent by the court---terminating usually on the remarriage of the receiving party or upon their cohabitation with a new partner.
Finally, if you were married to him during any time when he was active duty and earning his pension, you will also be entitled to part of that pension as part of your marital property settlement.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug