Can she get him for abandonment?

[wkonyk]

What is the name of your state? New York
My brother has stayed in a bad marraige for 17 yrs. for the love of his son who is now 15 & after an eye-opening cardiac illness hass approached his wife and asked for a divorce. She has agreed that the marraige is bad and has been over for a long time but wants to finish school (3 mos.) & not have to change her way of living until she can find employment. His health is in jeopardy since much of his condition is related to stress and he is willing to front her the cash-in value of his life insurance policy to pay her expenses and child support for the next 4 mos. allowing her some transition time, so he can move out now.
Is she able to sue him for abandonment if he is available and still financially providing for her and his son? He has asked her to meet with a Mediator and she insists she is too busy to focus on anything other than school now and could'nt possibly find the time. She is milking the gravy train as long as she possibly can and he ready to put a stop to it now.
What's your advice?

 

[LdiJ]

What is the name of your state? New York
My brother has stayed in a bad marraige for 17 yrs. for the love of his son who is now 15 & after an eye-opening cardiac illness hass approached his wife and asked for a divorce. She has agreed that the marraige is bad and has been over for a long time but wants to finish school (3 mos.) & not have to change her way of living until she can find employment. His health is in jeopardy since much of his condition is related to stress and he is willing to front her the cash-in value of his life insurance policy to pay her expenses and child support for the next 4 mos. allowing her some transition time, so he can move out now.
Is she able to sue him for abandonment if he is available and still financially providing for her and his son? He has asked her to meet with a Mediator and she insists she is too busy to focus on anything other than school now and could'nt possibly find the time. She is milking the gravy train as long as she possibly can and he ready to put a stop to it now.
What's your advice?

Your brother REALLY needs to be consulting with an attorney. However depending on the overall financial situation it might be wise to let her finish the last three months of school before pushing anything. Its actually to your brother's advantage that she gets the degree.

 

[wkonyk]

Mediation was the Path of choice

The path of choice was mediation, only his wife will not make time to go now. She is not going to school for a degree. she is attending a vocational school to become a veteranarian assistant and might earn $10.00 an hour when she graduates. My brother has supported her very nicely on well over $175,000.00 a year for 17 yrs and she does not want to give that up any sooner than she has to. She waitresses now 2 or 3 nights a week and goes clubbing afterwards with her friends. Sleeps till 2 or 3 in the afternnon will not make time for planning a divorce.
He will do whatever he can to make it amicable and comfortable for his son, but he cannot live with her any longer than he has to. Do you think it is absolutely necessary for him to do this through an attorney or can he go through with his plan to leave and rent an apartment for 3-5 months with a friend and pay all their expenses until she graduates and then go to the mediator.
Thanks for your advice.