I'm a 51 yr. Old homemaker ,jobless with no income and my husband expects me to take over the bills by the end of Feburary. He works has income but I'm being told I will not get spousal support because we have nothing. I had it all now I'm old and a throw away because I nagged about his smoking. What he put me threw now I see this may have all been planned untile he couldn't controll me any longer. So I lose right?
Family Law Attorney
Based upon the length of the marriage and your work history, you are almost certainly entitled to some spousal support from him, if he has a job that will provide for it. Just how much will have to be determined. There are three types of spousal support that can be ordered under Oregon law:
Transitional support: This is ordered on a temporary basis, to allow a spouse who has been supported by the other to find work and become self-sufficient. You'd certainly qualify for this, at least.
Compensatory support: This is ordered on behalf of a spouse who made a significant contribution to the other spouse's earning capacity, typically by helping them pay for school or otherwise advance in their profession. The spouse who was assisted in this way may be asked to compensate the spouse who made sacrifices to help them. There's no information to say whether this would be applicable in your case.
Spousal maintenance: This is ordered for a person who has spent so long supported by their spouse, they are incapable of supporting themselves and divorcing any other way. It is typically ordered only in marriages that have lasted many years. It's not clear to me whether yours would be long enough. 9 years is on the short end, but your age might make re-entry to the work force quite difficult, so it's worth pursuing.
Spousal support is never automatic, and is ordered at the discretion of the court. You should consult with an attorney if you want to know if spousal support will apply in your case. Spousal support can involve substantial amounts of money over many years, and can have considerable tax implications. A good result on this issue is worth the investment.
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Family Law Attorney
I agree with Mr. Bodzin. You are entitled to spousal support. The amount will depend upon what your husband earns. The rule of thumb for the duration is about half the marriage. The sooner you get to a divorce attorney, the sooner you will start getting spousal support. Good luck.
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