Wife pay alimony to younger husband who refuses to work?


#1

I posted this in the emotional forum first, that was obviously a Freudian slip. I would like attorneys to respond if possible.

I have been married to my husband for almost eight years. He is ten years younger and has a Duke engineering degree. I have asked him to get a job but he won’t, so I am the primary bread winner. We have five young kids together, six and younger. Will I have to pay alimony to him even though he is perfectly capable of working? My job allows me to stay at home and is very flexible (I am a professor).

Also, I would like sole custody of the children. How possible is that? Can I take them out of state?

Thank you.


#2

Your spouse is a dependant spouse and will likely be entitled to some amount of alimony. Alimony is based on the reasonable needs of the dependant spouse and the ability to pay of the supporting spouse. If his refusal to work is in bad faith the court may impute income to him which would reduce your alimony obligation.

Unless your husband agrees to give you sole physical custody of the children, you will have to prove your case in court that it is in the children’s best interests to be with you that majority of the time. Unless your husband is a danger to the children, he will be entitled to spend time with them and have overnight visitations. With respect to moving out of state, relocation cases are difficult to win as the court in most cases makes an effort to ensure the children are able to maintain a relationship with both parents, and are able to see them both on a regular basis.