Alimony question


#1
  1. 3 years ago my dependent spouse became involved with church that preaches Properity doctrine. Fear dome gloom unless you give $$$

  2. Durning this time she has given excessively large donations and contributions to this organization (Tax returns show the marked increase). All against my wishes—(We are a single income familyand have always been)

  3. I have instructed the leader of the orgaization many times to stay away from my family and to stop with the brainwashing and scare tactics. He does not.

  4. Last year, after private counsel, my spouse emptied half the house, took money from our accts, and took out a cash advance (never done before in our 29 year marriage) and left unannounced. Only this orgainisation knew her where abouts. she came to the house with a man and a uhaul and left. She returned later…and still lives at the home

  5. there is more to the saga…it continues.

  6. I have a recording of a church member that indicates that my spouse wants to get the house and give it to him after the separation.

  7. I am not prepared to give any form of alimony or support for the fear that she will give it all to him…seems unfair.

HOW DO I PROTECT MY SELF.

signed…Curby


#2

Since you are a single income family, it’s very likely that if requested you would pay alimony, unless your spouse obtains a job and is able to maintain her life finacially herself. Regardless of what she does with the money once it’s paid, she may still have the right to it. Unless, there is proof of an extramarital affair with this “church member” that she is giving so much to. This would negate her claim to alimony.

You are entitled to 1/2 the equity in the home, along with 1/2 the marital asset, and it would be my suggestion that you consult an attorney immediately about getting a separation agreement drawn up. If your spouse is donating excessive amounts of the marital assets to this organization without your consent, you may be entitled to an unequal division of the remaining assets, that may include the home. There is no legal way that she can “give” the home away without your knowledge or consent, unless you sign a quit claim deed to remove your name from the deed.
Gather all the evidence you have and consult an attorney. You need to protect yourself financially.


#3

Two more things that I can think of…

1.) It is possible that if you can get proof, you might be able to make grounds for marital misconduct in that she was spending excessively against your protests. This will either remove, or most likely lessen, your obligation for paying alimony. You’ll need good documentation, though.

2.) If you have proof that the church enticed your wife away from you, you may be able to sue them for alienation of affections. It is a stretch and it would be expensive to pursue, but there is case law that supports such a lawsuit against businesses or people other than a suitor.


#4

Alimony is based on what your spouse can demonstrate she needs (living expenses) and your ability to pay. If she is awarded alimony, you will not be able to dictate how, or where she spends her money. The same goes for any property she receives as part of equitable distribution. She is entitled to receive one half of the marital estate, and what she does with the property is out of your hands.