If you’ve been separated but ,not legally, for 6 years and have not been able to work in that time, is the working spouse legally financially responsible for your expenses?
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If you’ve been separated but ,not legally, for 6 years and have not been able to work in that time, is the working spouse legally financially responsible for your expenses?
We have a teenage child togetherin my full custody,for whom my husband does pay non-court-ordered support, mutually agreed upon. As his wife of 16 years am I entitled to some sort of financial support from him, as well? He claims not I cannot afford to pay for a divorce and I believe he will not do it to avoid having to surely give me alimony, granted by the courts. Would we have to be legally separated for him to have to help me financially, if I am indeed entitled? I do not know the law regarding this matter and would appreciate some guidance. I have been on SSD for 2 years now and am finding it quite difficult getting by on this very limited income.
Asked on October 1, 2018 under Family Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, you will have to go through legal separation or divorce in order to require him to pay support to you. The law does not interfere in couple's internal or financial arrangments while they are still married, and courts do not have any power or jurisdiction without a legal case (e.g. a divorce case) being filed. You say you cannot pay for an attorney, but can you afford to not get one? You may be entitled to significant monthly support--at the least, consult with a family law attorney (many provide free consultations to evaluate a case; you can confirm this before making the appointment) to discuss your rights, options, costs to proceed, etc.
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