My husband and I are separated. He has recently lost his job and is collecting unemployment. I have no idea if he is making any effort to find a job. Is there any way that filing for divorce will cause me to have to pay spousal support to him? We separated based on his wish to do so at the beginning of this year. I tried to reconcile but there’s no hope. I have a feeling that I will be the one filing, though, and not him. I don’t want support from him, don’t even care if he pays child support, and am happy to let him take the house as long as I get some of the furnishings…although I doubt he can pay the mortgage on his own, and certainly not if he’s unemployed. I can’t support myself and my 2 kids if I have to pay him spousal support, but I can’t continue to live like this any longer.
If he was unemployed during the latter part of your marriage, then it is likely from those facts that he could claim spousal support, but he will need to file for it before your divorce is finalized. If his unemployment occured post-separation, then it will not be relevant since the court looks at the standard of living that the parties enjoyed while married. You can seek child support from him at any time, before or after divorce. If you filed for child support while he is collecting unemployment, you will get a percentage of his checks, so you would still be able to get something if you wanted to.