Husband wants to move out. Should I encourage this?


#1

My husband wants to separate and wants to move out of the house immediately.

Would this constitute abandonment on his part? Will this help me with alimony, and therefore should I encourage him?

Also, I am employed, but I could lose my job soon due to layoffs. How does this affect alimony. What if we create a separation agreement and then I am layoff?


#2

Alimony is based on the work history during the marriage from my understanding. If you are a dependent spouse now and have been throughout the marriage, then you would be a dependent spouse at the time of separation. If your husband leaves, and then you lose your job, I do NOT THINK his obligation to you would increase. If you make, and have made, the same amount of money (more or less) and then he leaves…and then you lose your job…then I do not believe there is a valid claim.

There may be a fine line there legally though.


#3

Your husband’s decision to move out will not help you in any real way with the substantive aspects of your case. It will allow you to file your claims for the distribution of property and for post-separation support and alimony as you must be living separate and apart before these claims can be filed.
If alimony is included in a separation agreement it is non- modifiable and you may not petition for a change. If however, you include provisions for alimony in a court order (these can be done via agreement and are called consent orders) you may modify alimony based on a substantial change in circumstances, for instance being laid off.