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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35754
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I've been married 31 years, My husband walked out right

Customer Question

I've been married 31 years ,
My husband walked out right after my daughter's wedding did not give me any notice prior, we were still on good terms and business partners as well.
We have not been sexually active for sometime not sure how long.
My husband had planned it for a while apparently because he cleaned out his office to call our tax returns he actually borrowed my car while I was working and had a person helping move , he signed a pretty expensive lease for one year in an apartment .
We own a large four bedroom home with a mortgage.
The morning he walked out on October 12 he just pretty much said he was leaving and I asked him if he was going on vacation or a business trip and he said no I'm leaving you .. I said why didn't you give me a chance why don't we talk about this before I even asked him to go to counseling right now he declined and walked out .
After he walked out I texted him and asked him again if he would be interested in marriage counseling for our adult children and our marriage, he said yes.
That was about a week after
Just walked away.
The marriage counseling didn't work out he already made up his mind. He has paid the mortgage for the last two months and those were his terms only. When he walked he said he would pay the mortgage through the end of the year. I have a small business and a second job I make about 15% of what he makes. Our tax returns are pretty amusing actually
I am a W9 independent contractor, The 2014 tax returns reflect that I made -$500. I did some research if I was to fill out the longform for spousal support it wouldn't be -$500 not if I was completely honest. So since we weren't sexually active for quite some time and it's not it wasn't
just me.. Will I be able to collect alimony and or money in the meantime to back to school or train to make more money.
I have no retirement, he does.
He actually ruined the wedding the cat was let out of the bag the night before to a lot of people except for me .. His sister said something in front of my children
Information he shared with her
My kids went to my husband he completely lied and said we were on good terms that there were any problems. Basically we were on good terms however he had plans to walk out on me right after the wedding but lied about it.
I had no idea. Will I be able to collect any alimony after 31 years of marriage ?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

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 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 you 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, both in terms of spousal support. So, 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.

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.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best this holiday season,

Doug

Expert:  LawTalk replied 1 year ago.

Hi,

Your answer is contained in this thread.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

You may of course reply back to me and I will be happy to continue to assist you further.

I wish you well,

Doug