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Married 20 years, age 59, female, kids (17 &19). Unemployed. Husband cheats is bankrupt owes ~ 100k in taxes. I want to divorce.

Oak Park, CA |
Filed under: Divorce Alimony

Figured out he's cheater since kids were young. He uprooted our family from our house and friends in '06 for a "better life" in Los Angeles. I agreed to go for his career and "a better life". Upon arriving found out about 2 affairs that occurred before the move. And now another that is currently going on. And, he has ruined us financially. He is bankrupt, has a bad professional reputation. He doesn't want to get a job instead, speculates construction projects. He wanted me to stay home with kids. Said he'd handle the finances. I have done a great job. Now he is "firing" me and saying he is not going to support me.
Is there any senario in which he would not have to support me (alimony)? I have no home or savings to help me. If he gets a job, shouldn't he have to help me out?

Attorney Answers 4


You are in a long term marriage so, yes, you husband will be ordered to pay spousal support and child support for your child under 18. The amount of that support will depend on your husband's income and assets and your ability to support yourself.

You need to retain a family law attorney in your area to get support and your share of any community property.

If you remarry your husband's support obligation would end. Co-habitation with another person who supports you could also result in reduced or eliminated spousal support as could your ability to entirely support yourself.

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Howard M Lewis

Howard M Lewis


great counsel

Michael Raymond Daymude

Michael Raymond Daymude


Thank you!


I am sorry that you are going through this. You will recieve support and the only way that would be affected is if you have facts that are not included in your questions or if you remarry- that may terminate spousal support. Please sit down with a local attny and go over the more specific issues with him or her, it will be well worth it and make you feel alot better. Take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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You're entitled to spousal support

The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.

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It sounds like you are understandably very emotional. You should probably see a divorce lawyer right away. But, the fact that your husband is financially ruined means that, as a practical matter, you are unlikely to ever see any money. You could get alimony/child support, but to what avail?

I would suggest that you separate and live in a separate home. This will allow you to file an "Innocent Spouse" claim for any current/future taxes owed and potentially for some of the back taxes owed. Also, you should consult a tax attorney to deal with your liability for the back taxes.

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