Alimony and ED

I have been seperated for 20 months. Ex-spouse has hired an attorney and I am unable to afford to do the same. He is asking that I sign the marital home which is mortgage free over to him. He also wants alimony because I left the marriage. He has been living the the marital home since date of seperation. The only bills he has paid is the electric and water bill. I have paid the home equity payment, homeowners insurance and property taxes. My son and I have been living in a very small place. I guess my question is, is if he has maintained his same living standard would he be eligible for alimony? I am employed full time and he receives SS disability and he is 65. He states that if I sign the home over to him he will not pursue alimony nor go after any of my retirement. I would appreciate any advice you may be able to offer me.

If all he wants is the house, why not address that in a separation agreement? Is the house worth possible alimony payments for you don’t know how long and part of your retirement? I am not making any suggestions. I am only giving you something to think about and weigh whether or not it is worth the fight and the money.

Well, when you look at the value of my home versus my retirement and then the fact that he can afford an attorney and I cant because I am trying to support our child. I am paying all debts and he has 0 debt I am not sure where I stand or what to do…He states he is a dependant spouse but he has survived for 20 months without me and my income how dependant can he be?? Oh and by the way I will have to represent myself with the assistance of Rosen Firm online.

How old is this child?

He is well under the age of 18…

Equitable distribution is usually a 50/50 split of the assets. You’ve not told me any facts that would make me automatically assume that you are a supporting spouse, but if you are, you need to consider your potential liability for alimony. Even though equitable distribution and alimony are two separate issues, you need to make a determination of whether trading your equity in the house for a waiver of alimony is the right move for you.

Even if you cannot afford an attorney to represent you, it would be worthwhile to meet with one for a consultation to discuss your options.