Retirement and Spousal Support


#1

I left my husband of 15 years in May due to emotional abuse, his refusal to work for the last 5-6 years, gambling online and credit card debt that I was unaware of him having. Recently he stated that he was going to file for spousal support and half of my retirement because he is entitled to the lifestyle that he had while we lived together. He receives $25,000 from social security disability and I make about $60,000. Although he gets the disability, he is not totally disabled. He can do some work. He plays golf, while I work, three or four times per week and he hangs out with his friends on days that he doesn’t play golf.

When he files for spousal support and half of my retirement, will the judge consider his wasteful spending habits and his refusal to work? If he has to get part of my retirement, is it likely that the judge will do an unequitable distribution?
We have not been able to do a separtaion agreement because he has refused to cooperate.

Thanks for responding.


#2

Your husband’s wasteful spending is a factor that the court will consider in making a determination of equitable distribution. You will have to file an answer and counterclaim to his complaint and allege that you are entitled to an unequal distribution of the martial estate based on the statutory factors.