# Alimony and ED

**URL:** <https://forum.rosen.com/t/alimony-and-ed/14836>\
**Category:** Divorce and Separation Answers\
**Created:** [March 13, 2013, 7:11pm UTC](https://forum.rosen.com/t/alimony-and-ed/14836 "2013-03-13T19:11:16Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![Momtoone](https://avatars.discourse-cdn.com/v4/letter/m/7c8e57/32.png) [@Momtoone](https://forum.rosen.com/u/Momtoone)\
**Post date:** [March 13, 2013, 7:11pm UTC](https://forum.rosen.com/t/alimony-and-ed/14836/1 "2013-03-13T19:11:16Z")

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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.

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**Author:** ![exwife](https://avatars.discourse-cdn.com/v4/letter/e/13edae/32.png) [@exwife](https://forum.rosen.com/u/exwife)\
**Post date:** [March 13, 2013, 9:06pm UTC](https://forum.rosen.com/t/alimony-and-ed/14836/2 "2013-03-13T21:06:09Z")

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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.

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**Author:** ![Momtoone](https://avatars.discourse-cdn.com/v4/letter/m/7c8e57/32.png) [@Momtoone](https://forum.rosen.com/u/Momtoone)\
**Post date:** [March 13, 2013, 11:44pm UTC](https://forum.rosen.com/t/alimony-and-ed/14836/3 "2013-03-13T23:44:49Z")

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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.

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**Author:** ![Mail284](https://avatars.discourse-cdn.com/v4/letter/m/7cd45c/32.png) [@Mail284](https://forum.rosen.com/u/Mail284)\
**Post date:** [March 14, 2013, 2:51am UTC](https://forum.rosen.com/t/alimony-and-ed/14836/4 "2013-03-14T02:51:53Z")

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> [@Momtoone](#):
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> and I cant because I am trying to support our child.

How old is this child?

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**Author:** ![Momtoone](https://avatars.discourse-cdn.com/v4/letter/m/7c8e57/32.png) [@Momtoone](https://forum.rosen.com/u/Momtoone)\
**Post date:** [March 14, 2013, 10:02am UTC](https://forum.rosen.com/t/alimony-and-ed/14836/5 "2013-03-14T10:02:12Z")

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He is well under the age of 18…

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**Author:** ![Kathleen\_Putiri](https://avatars.discourse-cdn.com/v4/letter/k/57b2e6/32.png) [@Kathleen\_Putiri](https://forum.rosen.com/u/Kathleen_Putiri)\
**Post date:** [March 18, 2013, 2:15am UTC](https://forum.rosen.com/t/alimony-and-ed/14836/6 "2013-03-18T02:15:12Z")

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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.
