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Guru_Guy, Family Law Attorney
Category: Family Law
Satisfied Customers: 2418
Experience:  Experienced advisor in all aspects of family law (divorce, custody, support, etc.).
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Hi, I have being married for 6 years i do not work my ...

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Hi, I have being married for 6 years i do not work my husband is having another afair we have a 3 year old son he is a doctor but I am affraid to loose everything that we have I am supposed to start university this summer, Am I entitle to alimony until I finish my studies?
Submitted: 9 years ago.
Category: Family Law
Expert:  Guru_Guy replied 9 years ago.
Hello, and sorry to hear about your situation.

An award of alimony is a discretionary matter for the courts. Factors considered are:

a. The standard of living established during the marriage.

b. The duration of the marriage.

c. The age and the physical and emotional condition of each party.

d. The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each.

e. When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

f. The contribution of each party to the marriage, including but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

g. All sources of income available to either party

In your case, it sounds like you would be a good candidate for temporary alimony for a fixed period of years, especially if you deferred going to school because of your husband and son. This is known as "rehabilitative alimony" designed to get you back on your feet after sacrificing your career for marriage for many years. Assuming you get custody of your child, you would also be entitled to child support payments until the child is an adult. You would also be entitled to a share of any assets acquired during the marriage.

If you have decided that you want a divorce, my advice would be to get a good divorce attorney in your area. An attorney will help you to ensure you get the maximum benefit for the benefit of your own future and that of your child.

I hope this helps!


Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.
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