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Recent Rehabilitative Alimony questions

Scenario: *Married years, one 18 year-old son going

Scenario:*Married for 19 years, one 18 year-old son going to in-state college in the Fall*Properties: Marital property and 3-family investment property (with $1300 income).*Salaries: Husband makes $70K. In 2015 with bonuses made $90K. Wife has worked part-time for about 10 years to raise son. For the past 7 years worked in sales, income averaging $50K. Off of the 7 years wife has been self employed - business losses every year, 2015 $0 income*Fact:1) Husband wants to keep both properties, even though according to him there is no equity in neither2) Husband will pay for college an keep paying for family insurance (that wife pays her portion)3) Son will reside with wife (although husband keeps the family home)Next steps:* Legal separation or divorce? Keeping in mind the pros and cons- insurance/taxes, etc. Note: wife is starting a new business soon* Is wife awarded alimony? For how long?* Is child support given, even though son is in college and husband is paying for it? Massachusetts seems to have child support for up to 23 years old??* If any above award, what would be more beneficial to ask for? Or would it make more sense to propose a property buyout, or ask for the rental income?* If couple comes to an agreement about everything, or to a monthly amount to be paid to the wife, will the decision made between the couple prevail in court, or does the judge decide? If the judge is the one who makes decision, what should this amount be called: child support? alimony? both? What is smarter to ask for?*Could a judge like decide that son's preference would be to come back to the home he was born in, or the new apartment be determined to be his new home* Please, provide me with the likely amount for whatever you believe I would be awarded (if anything)Thanks for you assistance in such a difficult time!

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Law Educator, Esq.

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I live in NJ. After eight years of marriage my wife just filed

I live in NJ. After eight years of marriage my wife just filed for divorce. Aside from a considerable amount of liquid assets and home equity -which I expect to be divided 50/50-, my wife just settled a personal injury lawsuit for $750,000 (net $400,000) in which we were both plaintiffs. I understand that according to NJ Law I am only entitled to 8-12% of that amount. Also, I earn $99,000 a year and she $75,000. In the divorce filing she is asking for allimony. Does she have any claim to this, considering how much more money with which she is already walking away?

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Christopher B, Esq.

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Juris Doctor

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I made my wife leave my home in May of this year after

I made my wife leave my home in May of this year after finding she was having an affair and while I worked night work. She was locking our 5 year old daughter up inside her room and leaving the house. She immediately filed for divorce but we had a bitter custody battle which was recently resolved. We own no real property together and I was left with over $40,000.00 in marital debt. A Pennsylvania court awarded her Alimony Pendente Lite back in July. She is now deliberately stalling the divorce in order to continue collectly this. I can no longer afford my attorney becasue of paying the APL plus paying on marital debt. I'm headed to bankruptcy due to this terriblly unfair situation. Is there anything I can do to stop her from stalling on the divorce that she filed?

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Legalease

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I have been in a abusive marriage years. I am currently in a

I have been in a abusive marriage for 8 years. I am currently in a nursing program at a state college so that I can leave my husband and have a career to support myself. I am not working because the program is full time and intense. I heard of rehabilitative alimony from a friend. Can you explain this and how much you could get. Can the lawyer make it so that my husband pays all the lawyer fees and my living expenses?Thanks.

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Loren

Juris Doctor

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Living in Florida, looking second opinion on a Divorce

Hi living in Florida, looking for a second opinion on a Divorce Alimony issue, married 13.5 years and would like to know min and max time for alimony in this case to be able to negotiate during mediation.

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LegalGems

Juris Doctorate

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I live in PA and I'm in the process of getting a divorce. I

I live in PA and I'm in the process of getting a divorce. I prefer not to use an attorney if possible but here are some questions I have: (currently the divorce is uncontested)1. My soon to be ex-wife lives in NY but I live in PA. Who has jurisdiction over the case?2. Everything is in my name but payments are being made so it's all owned by the bank. I can afford to pay the bills but my wife doesn't work. Will I have to sell my assets to divide them for the divorce?3. My soon to be ex doesn't work, refuses to get a job. Will I be forced to pay alimony to her and if so is there a time limit? (we have no young children/our youngest is 21)4. We're already not living together for (7) months, and she's still refusing to get a job. Will she be forced to get one? (she has no restrictions or disabilities causing her not to get a job)

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RobertJDFL

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Juris Doctorate

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In the state of Texas, if spouse has an affair, separated,

In the state of Texas, if spouse has an affair, separated, filed for divorce and the other spouse (wife) makes more money than husband, even though husband had 2 year long affair, is it fact that she (wife) makes more money that she doesn't get benefits.It appears that the husband who was at fault can get her benefits because he made less - he's a lawyer.

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RobertJDFL

Attorney

Juris Doctorate

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I am currently separated from my wife we have one child.i pay

i am currently separated from my wife we have one child.i pay as per agreement half of 300.00 tuition.i make 800.00 a week net. in my state i think i AM SUPPOSED TO PAY 20% OF PAY I AM PAYING 200.00 AWEEK SUPPOSEDLY TILL SHE GETS ON HER FEET.WE ARE CURRENTLY GETTING HIS INSURANCE FREE BY THE STATE.SHE KEEPS THREATENING ME WITH LARGE AMOUNTS SHE WILL MAKE ME PAY IF SHE TAKES ME TO COURT.I LOVE MY SON VERY MUCH AND SO FAR I FEEL IVE BEEN RAILROADED.SHE HAS LIED TO COURT TO HAVE ME REMOVED FROM HOME.SHE IS VERY ABUSIVE VERBALLY SO I HAD TO LEAVE THIS TIME.MY SON IS NOW 11 AND BIG ENOUGH TO ASK FOR HELP IF NEEDED.I STAYED AS LONG AS I DID TO BE AROUND MY SON AND KEEP AN EYE ON HER.UNFORTUNATELY HER ABUSE INCLUDES MY SON.APPARENTLY IN ILLINOIS A MAN IS GUILTY REGARDLESS.JUST WHAT CAN I EXPECT IF SHE TAKES ME TO COURT.SORRY SO LONG.

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Legalease

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, My wife filed on January 23. I responded

Hi, My wife filed for divorce on January 23. I responded within a month, disagreeing on her wish to have sole physical custody of our two children aged almost 5 (son) and 3 (daughter). She has orally recently agreed to switch to shared custody across theboard (physical and legal), but wants more time with the children. I subsequently filed a Request for Order to be able to take my children with me to my native country (France) for three weeks in June (hearing on that issue officially set on May 5), becausemy wife was conditioning this on me leaving the apartment I officially pay for (she slightly contributes with babysitting money). Since then, my wife has orally agreed to the trip to France, and has even helped me renew my son's passport. She has also agreedto postpone our status conference originally set on June 26, so that I could stay in France past that date. We do not know when the new date will be yet, but we have requested from after July 4. Mediation is on for April 22. She wants to get everything outof the way by this date to make the divorce transition smoother. My feeling is she wants to expedite everything and does not necessarily have a good idea of how things go, or badly they can get. She is on bulldozer mode, despite the little help mentioned above.Now, my wife wants to go back to school. While I do welcome the initiative, it worries me on various points: - She is planning to work more to save money for school but still wants more time with the children... arguing her place should be (on no valid ground)be the primary place of residence. - She won't move out of the apartment she wants me to leave also (which I find disrespectful, considering she is the one who wants to leave me to begin with). Our rent, very high in the San Mateo County to begin with, isgoing to go up 300 dollars from June, as we were just notified by our landlord. This looks unmanageable if I leave. This looks insane if she stays. She won't move unless she goes "far away to start a new life" (and I would have to follow, quitting my currentjob). She keeps saying she will make it happen. Words are no good guarantee for me my kids and her will be OK. I want to be there during rainy days, but I don't want to be forced to join a storm. - She is hoping I will give her more child support. This soundsinsane based on everything I already said, even if she claims she does not need spousal support. - She is considering getting a roommate, but I don't think this is a good idea considering the size of the apartment we currently live in. And I refuse the presenceof another male around my children in such circumstances (see next point). - We had a male guest for 4 months exactly (Oct - end Jan) when everything officially fell apart, and refused to let the person (who drinks a lot) go on the account she was scared ofme and my “temper”, when she loses her patience instantly, the moment she senses my disapproval or I ask her questions about her plans. I feel she is forcing my hand in any possible way she can (or she is just not aware of how poor her plan is). Her refusalto leave the apartment and being defiant about it, making it more financially burdensome for everyone, is potentially dangerous for everyone's wellbeing, especially my children's. I wonder if there is a way for me to convince her to rethink her plan. I amnot planning on stopping her career dreams, which I am ready to finance to a certain extent (she helped me go through grad school), but I am worried she will make me pay fees for longer than it is necessary. I even thought of a 2-year bird's nest plan to limitthe financial impact on top of maximizing the wellbeing of our children (that would probably still require us all to move somewhere cheaper) until she possibly goes to grad school, but she is bound to give me a straight “No. I put my foot down”. This makesme frustrated, angry and sad. What options could I explore before I decide to hire an attorney near me? And should I wait for mediation to happen first? I believe in shared custody, in helping my future ex-wife that I unfortunately still love. But her determination/stubbornnessis something I find irresponsible, disrespectful and borderline dangerous. I feel she is thinking about herself only, despite the little nice things she has proven capable of doing for me recently. But this is not enough. While I agree it is time for her toget a career of her own before she hits 40, I refuse to be caught in a scheme that unreasonably ties me financially, and away from my children that I can take care of just as well as she does. Best, Aurelien

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LegalGems

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