If my wife graduated college and had a job but quit it voluntarily, is it likely that she will be awarded spousal support?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my wife graduated college and had a job but quit it voluntarily, is it likely that she will be awarded spousal support?
Part of her not working and free-loading is what led to our divorce starting. She is trying to get some of my income as spousal maintenance. Will she get it since she has a better education than me and choose to stop working? She blames it on depression and anxiety.
Asked on October 10, 2015 under Family Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you divorce, your wife may or may not be eligible for "maintenance" formerly referred to as alimony in NY state. Maintenance can be temporary or permanent. Temporary maintence is paid pending a divorce permanent maintenance is awarded after a divorce is final.
Whether or not maintenance will be awarded depends on numerous factors, some of which are the length of the marriage the age and health of both parties the present and future earning capacity of both parties etc. It can all very complicated and quite frankly it might be time that for you to consult directly with a divorce attorney in your area. That having been said, unless she quit her job due to health issues, that will not work in her favor in any discusssions regarding maintenance.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.