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Is my husband entitled my assets/alimony even though he hasn't worked to help take care of our family?

Hackensack, NJ |

Married almost 15 years, husband has not worked in 7 years. We agreed to a divorce 2 years ago and I was hoping he would get on his feet before we divorce (that's why I waited to proceed with the divorce). I can't wait any longer for him to find a job. Is he entitled to half the assets (bank account and 401K), even though I've been taking care of our family and all our debt? Can he ask for alimony as well?

Attorney Answers 4


  1. Yes, under New Jersey law a supported spouse during the marriage has the right to ask for alimony whether or not that person worked during the marriage and for a share in the marital assets.


  2. Yes to all, especially because you have been the bread-winner.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


  3. In most circumstances he would be entitled to alimony based on the facts that you provided. However if you have been separated for 2 years and he has supported himself, it would be an argument that he does not need your financial support. It is not clear if you are still living together or if you separated 2 years ago and live apart.
    As for assets (401k etc) there is no getting around splitting that 50/50

    This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only, not legal advice.


  4. The simple answer is likely yes but there is much more to discuss such as your husbands earning potential, skill, ability, etc. Also, an analysis would have to be done on what assets or portion of those assets were accumulated before the marriage (if any) and the determination whether there was any commingling of per marital assets or income. You do need to speak with an experienced family law attorney, such as myself, to explain this in greater detail based upon the facts of your case.

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