Aids In The Marriage

What is the name of your state? DC

I was talking with a friend about my situation and her situation is kind of similar to mine. She just found out that her husband had AIDS before they were married (almost 12 years ago is when they got married). When his medical records were ordered, she learned that he KNEW he had this disease and did not tell her before they got married. He told her that the reason he didn't tell her is because he didn't want to lose her and if she knew she may not have married him. Now that the divorce is on, he told her it didn't matter that he didn't tell her, they were still married for 12 years and he wants alimony NOW (he's filing for temporary alimony until the judge makes a decision). Do you think she will get it? Also, since he hasn't worked in 5 years (been on disability) is he entitled to half of everything they have, including her 401K?

Fraud is grounds for annulment, in addition to divorce and will be taken into consideration when spousal support is considered. Has she been tested? Any children?

rmet4nzkx said:

Fraud is grounds for annulment, in addition to divorce and will be taken into consideration when spousal support is considered. Has she been tested? Any children?

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Yes, she and the daughter have been tested and so far they are both negative. That's why she was wondering if he can still make demands because she is negative.

sylviat said:

Yes, she and the daughter have been tested and so far they are both negative. That's why she was wondering if he can still make demands because she is negative.

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He can make demands but that is a terrible fraud, she and her daughter are lucky to be negative. Did he file first?

rmet4nzkx said:

He can make demands but that is a terrible fraud, she and her daughter are lucky to be negative. Did he file first?

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Yes. He filed first. Isn't that nerve what he did?

Does she have an attorney?

rmet4nzkx said:

Does she have an attorney?

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No, because they are trying to reconcile their differences out of court.

She NEEDS a lawyer, IMO. If I were in her shoes, I'd be looking for an annulment on the basis of fraud.

She definaetly needs an attorney, they will be able to set this whole thing right and protect her interests. If he is disabled and receiving SSDI his daughter should be receiving dependents benefits. Even with anulment there can be division of marital property where the issue of fraud etc will come into play.

That was extremely low of him to withhold that information.... VERY selfish - because he knew she would not marry him! That is selfish - he has spent 12 years putting her life in danger because he was afraid to lose her..!!! Nice- - - she has every right to be angry - and if I was her - I'd tell him to back off of asking for alimony because if I was her, I'd sue his ass.

Both she and her daughter are VERY fortunate...... keep getting tested every 6 months for the next several years - AIDS can take 10 years to surface, from what I understand..... I could be wrong - however it is MUCH better to be tested and safe than not tested and sorry later on down the line.

What a f--ing ass - - - I am terribly sorry and I wish the best of luck to mom and daughter. I can only imagine the devastation this has cuased you.

Obtain the best lawyer money can buy -NOW - do NOT hesitate and DO NOT try to "amicably" work things out on your own.... that man will never be honest and forthcoming with information - protect yourself legally from the start.

excellent point--- something else to be seriously considered..... to protect the possible medical expenses that the future could hold for her and her daughter..... it would be worth asking, that is for sure!

Could be potential loss of wages, and so much more.


She really needs a GOOD lawyer....... SOON - someone to help her consider these kinds of things......... lay it all out on the table (so to speak) and hash it out - - she needs a hard nosed lawyer who won't back down from the husband......

ablessin said:

excellent point--- something else to be seriously considered..... to protect the possible medical expenses that the future could hold for her and her daughter..... it would be worth asking, that is for sure!

Could be potential loss of wages, and so much more.


She really needs a GOOD lawyer....... SOON - someone to help her consider these kinds of things......... lay it all out on the table (so to speak) and hash it out - - she needs a hard nosed lawyer who won't back down from the husband......

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I showed her your responses and this not only helped her, but me as well. Remember, I told you that my situation is very similar. Thank you all for your responses.