Alimony left off separation agreement


#1

My husband and I were married for 13 yrs. We have a 12 yr old together, I have a 17 yr. old from a previous relationship (father deceased) who will be graduating this year from High School. I also worked for him 13 yrs in his family business. He is 1/3 owner. All earnings went into our marriage. 2 months ago, we had a falling,out so to speak where he became angry at me and my daughter and kicked me and cursed me. I left the home, (rental) moved into my own place (rental); still have no job. 2 days later he presented me with a separation agreement exactly like the one on your website where he separated all the property and agreed to give me $500 per month for child support, but he deleted line 15 where it outlines a sample of “ALIMONY PAYMENT”. He earns very good money for what he does. There was also some other monies that we divided but I haven’t received yet. He said I would get them once I signed the separation agreement. We bought my daughter a car 2 years ago and it is titled in my name. We bought me a car 3 years ago also titled in my name. He told me via text that he would pay my car payment until it was paid off, but did not mention my daughters’ car. We also bought a sports car 6 months ago for him to use occasionally that is in my name that he is making payments on. All the insurance for these automobiles is in my name because excellent driving record.

Do I have the right to ask for Alimony? I worked in his business and was a homemaker for 13 yrs. There was never any marital misconduct on my part. Because of his actions 2 months ago, I had no choice but to leave.

Please help. I have not signed anything yet!


#2

As an initial matter, I suggest you refrain from signing anything until you have an attorney review the agreement. Separation agreements are legally binding and not to be taken lightly. It sounds like the separation agreement he drafted is incomplete, if it fails to discuss what is to be done with the vehicles, insurance, etc.

If you qualify as the dependent spouse and you can demonstrate a need for alimony, you may be entitled to it. I suggest you read our article Alimony: The Details to learn more about alimony, and all the factors that are considered.