Questions


#1

My soon to be ex-wife has been living with her parents for the last year. We have two young boys and one of which is special needs where he gets disability which goes to her. She wants to seek alimony since she has not held a job since 2003 which I was the only one bringing in any income. Is there any kind of alimony calculator like there is for the child support? Second,is there a guarantee that she can get it since she never worked even if she could? Can I file for divorce now that she has been away for over a year now?

Thanks


#2

There is no calculator for alimony, and it is awarded on a case by case basis depending on the needs of the dependant spouse and the ability of the supporting spouse to pay.

Unless your ex is depressing her income in bad faith it is not likely that a court will impute income to her.

You may file for divorce, however if you have not executed a Separation Agreement dealing with the martial property, you must include a claim for Equitable Distribution in your divorce complaint.


#3

Thank you Erin. If we have no property (other than cars) should I still do a ED with the seperation agreement?


#4

If the cars are titled individually and the loans are not joint, you need not file for ED.