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spousal suppot and abuse

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What is the name of your state (only U.S. law)? Calif
In an abusive marriage of over 27 years, is abuse a consideration in deciding the amount of spousal support in a divorce? What about division of assets?
I have nothing and am worried about my future.
Thank you
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Calif
In an abusive marriage of over 27 years, is abuse a consideration in deciding the amount of spousal support in a divorce? What about division of assets?
I have nothing and am worried about my future.
Thank you
NOt usually. You are entitled to 50% of the marital assets and 50% of the marital debt. You also need to get a job and try to start supporting yourself.
 
Please don't misunderstand.....I plan on getting a job as soon as I am physically able. I have no health insurance and need surgery for past injuries (torn meniscus in knee, torn rotator cuff in shoulder, ruptured cervical disk).
I am afraid of not being able to support myself until I am physically able to work again. At 55 I don't bounce back like I used to.
 

CourtClerk

Senior Member
As already stated, you are entitled to 50% of the marital assets, and 50% of the marital debts. So, if after paying all of the marital bills, there is anything left, you get half. He won't be responsible for financing your needed surgeries, so if you have no insurance now, I don't know what you're going to do about that.
 

Ohiogal

Queen Bee
Please don't misunderstand.....I plan on getting a job as soon as I am physically able. I have no health insurance and need surgery for past injuries (torn meniscus in knee, torn rotator cuff in shoulder, ruptured cervical disk).
I am afraid of not being able to support myself until I am physically able to work again. At 55 I don't bounce back like I used to.
Did he cause the injuries? Here is the thing -- even if he is ordered to pay spousal support you can't rely on it.
 

LdiJ

Senior Member
Did he cause the injuries? Here is the thing -- even if he is ordered to pay spousal support you can't rely on it.
Particularly if he is abusive. Refusing to honor court orders to pay you alimony is one way that he can continue to "abuse" you after the divorce is final.
 

Ohiogal

Queen Bee
Well depending on how she was injured and if she reported it there may be funding available for her surgeries to correct the injuries.
 
My injuries are a result of my husband 'not knowing his own strength' when mad.
My health insurance was dropped due to nonpayment. I did not know he had stopped paying for it, but he would threatened to drop my insurance whenever he wanted me to do something that I refused to do....like sign over our joint tax return so he could deposit it into his personal account.
I simply want to get on with my life and knowing what to expect will help me plan ahead.
 

Ohiogal

Queen Bee
If you had reported him to the police regarding this and prosecuted you would have qualified for victim assistance funds to get treatment.
 

bloodly1

Junior Member
If you had reported him to the police regarding this and prosecuted you would have qualified for victim assistance funds to get treatment.

That's easier said sometimes than done. My wife physically and mentally abused me for years upon years. In the last five years, she had been telling everyone that she was getting beat. Yes, I wish I would have reported her a long time ago. But sometimes, a manipulating spouse can seriously change the way you think about doing things. I feel stupid, but she did.
 

Farfalla

Member
That's easier said sometimes than done. My wife physically and mentally abused me for years upon years. In the last five years, she had been telling everyone that she was getting beat.

YOu are right. Most abused spouses do not turn in their abusers... today women are more likely to do so than in the past. But the report rate is still low. And its even lower for men who are abused by thier wives.

I you did not call the police than there is thing that the courts can do about it.

Were you even injured enough to go to the emergency room for it? In most places they are required by law to call the police. And in some places, like here in NM, once the police are called it's up the police and the DA to decide to prosecute. The injured spouse has not choice in the matter.


Yes, I wish I would have reported her a long time ago. But sometimes, a manipulating spouse can seriously change the way you think about doing things. I feel stupid, but she did.
That part of your post shows the problem... you are blaming her for being manipulative for why you did not report. Instead the full responsiblity is on you... on you for allowing it, on you for staying there, and on you for not reporting it.

Abuse can only happen if the abused sit there and take it. And why does the abused site there and take it? Ask yourself what you got out of it..... maybe the power of being the victim?

I was in an abusive relationship for a long time.... I stopped blaming him for my putting up with it a long time ago... until you take the responsibility for the fact that you were part of the abuse, you will continue in the abuse cycle... that's why she still keeps getting to you.

mull that over for a while.
 

Ohiogal

Queen Bee
That's easier said sometimes than done. My wife physically and mentally abused me for years upon years. In the last five years, she had been telling everyone that she was getting beat. Yes, I wish I would have reported her a long time ago. But sometimes, a manipulating spouse can seriously change the way you think about doing things. I feel stupid, but she did.
Here is the thing -- most states have Victim Assistant's funds however it requires victim's actually stepping up. And quite frankly, YOU are an adult and YOU need to take responsibility for allowing yourself to be manipulated.
 

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