Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Divorce, Separation & Annulment

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-12-2001, 09:09 PM
notreadyyet
Guest
 
Posts: n/a
Exclamation

My husband and I are physicaly seperated (not leagaly). I got him to agree in writing to pay all the bills at the adress our child and I are living at until I choose to move. I've been a house wife for a few years, I want to get on my feet again but don't want to lose the resorces he provides in the process of a divorce. I don't know if a legal sep. or divorce will provide me and our child with the means we are used to. He does not want to provide me with any alomony in a divorce, but thinks i'm intitled to his support untill im on my feet. my question is can i refuse a legal seperation or divorce until i feel more secure with my own finacial earnings, and can properly assume how much i will need from him..
  #2  
Old 03-13-2001, 01:39 AM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally posted by notreadyyet
My husband and I are physicaly seperated (not leagaly). I got him to agree in writing to pay all the bills at the adress our child and I are living at until I choose to move. I've been a house wife for a few years, I want to get on my feet again but don't want to lose the resorces he provides in the process of a divorce. I don't know if a legal sep. or divorce will provide me and our child with the means we are used to. He does not want to provide me with any alomony in a divorce, but thinks i'm intitled to his support untill im on my feet. my question is can i refuse a legal seperation or divorce until i feel more secure with my own finacial earnings, and can properly assume how much i will need from him..

My response:

You can't stop a divorce or legal separation if a Petition is filed. If one spouse wants "out", then it will be ordered.

However, a court will always award spousal support in an amount that will keep the family in a manner to which it has become accustomed.

But, depending upon the length of your marriage, that length will determine how long that Alimony will last. In California, for example, the length that Alimony lasts, on average, is half of the total years of the marriage.

Also, the length of time is dependent upon the education and work experience (among other factors) of the receiving spouse.

Alimony allotments are meant to be used to allow a spouse enough time for job training, or to get back to their level of income capacity as it was prior to the marriage. It is not to be used for becoming a "couch potato"; because, if not used wisely, as it was intended, that Alimony will very soon come to an abrupt end, with no going back for more.

These are, of course, only generalizations because, in the end, a lot of this depends on your actual situation and the judge you get.

Good luck to you.

IAAL
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:34 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.