The ex is purposely not working right now and he quit his six figure job awhile back. The courts gave him the bifurcated divorce decree and we are still going to trial regarding custody. The courts didn't give me temporary alimony in the begin and said that I can request it at trial, and this case is going onward to 3 years now pending before the court. Will I be able to get alimony since I have no degree and was the stay at home mother to our children? We had been married for over 10 years. He is purposely not going to work as to avoid this issue at trial. What are my options?
One option you have, and my strong advice would be, hire an attorney. There is no way to responsibly advise you with the little bit of information you have provided.
The answers provided in this forum by me and transmitted by users of this forum are not to be considered legally binding in any way, nor is there an intent to form an attorney client relationship. If further information is required, seek competent legal counsel.
A party to a divorce cannot simply quit a job or be willfully unemployed to try and avoid child support or alimony. A judge will look at your ex's historical income but you will need to be able to demonstrate at trial that he is purposefully unemployed or underemployed. I would recommend hiring a good trial attorney if you haven't already done so.
Chris is right, the bottom line is that you have to convince the Court your ex has the ability to work, earn money, and help you. That his lack of a job is deliberate. You have to be able to prove something along the lines of: he quit; he could go back; he has other options he's not taking; or something along those lines.
It also helps if you're doing everything you can to help yourself -- for instance, working part-time, or at a minimum wage job.
With a ten year marriage, and being the one who cared for the kids, you would absolutely (typically) be entitled to alimony. However, the most important factors for obtaining alimony are 1) showing you have a need for help; and 2) showing he has the ability to help. The second element is obviously the hard part.
Best of luck!!
This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
Alimony is an open question so long as you have not agreed to a permanent resolution of the question and a court has not entered a permanent order on alimony already. One related question to keep in mind is whether the court will grant you retroactive alimony. A trial court has the ability to award alimony back to the service of the original request for alimony, which may be the divorce complaint or the motion for temporary orders. The question of whether a court will make a retroactive order largely depends on the facts of your case, such as whether there are assets available and your husband had the ability to earn more. Additionally, if you are going to prove an ability to earn income, it may be worth discussing with your attorney whether a vocational expert witness would be helpful in your case,
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