Separated without written agreement - job loss


#1

My wife and I have been separated (separate houses) for over 1 1/2 years without a legal separation agreement. We also have not separated our finances. We make roughly the same amount of income.

If my wife were to lose her job or quit and we subsequently divorced, would she be able to receive spousal support based on no job income or would it be based on what she was making when she moved out of our home and fully employed?


#2

Alimony is based on many factors. First she would have to show that during the marriage you were the supporting spouse and she was the dependent spouse. Based on your comment that you make roughly the same amount of money, it sounds like she would have difficulty proving that she was a dependent spouse.

For more information about how alimony works, including a complete list of factors a judge will consider when determining alimony, you can read our article Alimony: The Details.