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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16627
Experience:  Licensed experienced Attorney
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I have been married 33 years. For most of those years I have

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I have been married 33 years. For most of those years I have been either the sole supporter or the major bread winner. My husband can not hold a job. I paid his way through college at my expense (I paid his tuition but could not afford to pay mine so didn't graduate from college. Even though I don't have a degree, I have been able to succeed in a highly competitive industry and make good money (technology sales).

I want out but I am afraid that I will end up having to pay him for the privilege of finally getting to pay my own way and not his as well. I think he owes me; and I don't think I owe him any thing more. He has just about sucked me dry.

Any advice?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Have you decided to file for a divorce, but a fear of having to pay some sort of spousal support is holding you back?

Are you also worried about the distribution of marital assets?
Customer: replied 5 years ago.
Is your husband currently gainfully employed and producing an income or does he have an ability to be employed, such as education, profession, etc...?

Do you have many marital assets?
Customer: replied 5 years ago.
He is not currently employed. He's been unemployed for a year now. He has a college degree and does have the ability to be employed. He works in the same industry I do--technology sales. He just can not seem to hold a job. He finds a job, works for a while, and either quits or gets fired due to attitude issues.

We do have marital assests and I do understand those will be split 50/50. I guess I don't mind that so much. Stuff is just stuff.

I have a retirement account in my name but not sure how that works.

I just do not want to be put in the position of having to pay him spousal support.

We do not have children at home any longer. Both our kids are grown and self-sufficient, so child support is not an issue.

If one spouse is employable and simply doesn't want to work or gets terminated for employment rules violations, it is unlikely that the court would award him with any spousal support and if it does it would be for a very limited duration such as up to 1 year.

As far as retirement, unfortunately pensions and retirement plans are generally subject to equitable distribution, but equitable doesn't always means equal and the judge has a discretion to determine what is fair.

It is always better to try to enter into some type of amicable settlement agreement, so you can agree how the assets would be distributed, instead of living it up to the judge to decide the distribution of marital assets.

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