Domestic Violence and Alcohol Abuse


#1

Do either of these play in o the amount and term of alimony awarded?

My STBX was physically abusive during the first 8 years of our marriage, verbally abusive for the next 3, at which point he determined hervwas an alcoholic and decided to quit drnking. Four years of unsuccessful rehabilitation and recovery later, he decided to leave th marriage.

His total income, including bonus is $300-$350K. My total income, including bonus is $80K.

To this point we have tried tobcome to a fair financial agreement, but have been unsuccessful. We are now thinking of using a Mediator.

Considering the abuse stated above and our inability to agree to this point, should I get legal representation or does abuse, as stated above have no affect on alimony? I understand that considering I have my own income, I was not financially dependent and could have spchosen to leave the abusive marriage. Also, this is my second marriage and there are no biological dependent children from this union.


#2

It is my recommendation to you that you do in fact seek legal counsel. You do have a possible claim for alimony. Alimony is based on a number of factors including the length of the marriage, the ability of the supporting spouse to pay and the need of the dependent spouse. The fact that you earn a high-income on your own does not automatically mean you are not a dependent spouse, when your spouse was in fact earning over four times what you earn. Alimony is awarded by comparing the reasonable and demonstrated needs of the dependent spouse, and the ability to of the supporting spouse to pay after considering his or her reasonable expenses. Half the length of the marriage is a rule of thumb attorneys use to negotiate alimony, it is not a statutory requirement, and you may seek a longer term of alimony based on the factors listed in the statute.The amount and duration of support is specific to each case, you may want to read the list of factors relating to each in the Statute which you can access under the alimony tab of the home page, there is even a video you can watch which describes all the factors involved in an alimony case.

If you are the dependant spouse and are actually and substantial dependant on his income you have a valid claim for support, the emotional abuse and indignities you have suffered only act to bolster that claim. Also, if he is habitually drunk, that can bolster your claim for alimony as well. Please contact our client liaison to schedule a consultation. The attorney you meet with will be able to give you a clear picture of what you can expect your legal fees to be, and you may also be entitled to have your husband pay for a portion of your legal fees.