Alimony and ED


#1

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.


#2

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.


#3

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.


#4

How old is this child?


#5

He is well under the age of 18…


#6

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.