My estranged husband and I have agreed to a legal separation. We have been married 8 years and lived together 3 years prior to the marriage. I am currently unemployed, 51 years old, not in good health and have two children from a previous marriage which my current husband helped raise. We agreed for me to stay at home and raise children while he worked. He earns over $100,000.00 per year and just turned 40. He has no debt other than a minimum rent pymt for his apt of $650.00. This includes all his utilities. Just wondering what the best case scenario may be for me and the children. My monthly bills are twice his.
Your husband has no responsibility for the two children that were born during a prior marriage. You should be receiving support from the father of those children. Did you have children with your current husband? If so, he must pay support.
Since divorce courts are courts of equity, the amount of spousal support and its duration are all subject to the specifics of your case which include whether he is paying child support for children that you had together, the likelihood that you can regain employment and so forth.
I am licensed to practice law in Michigan and Virginia. My office is in Lapeer. You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
Unless your current husband adopted your children he has no legal obligation to support them. The fact that your expenses are twice as much as his is likely because you have two additional people in your household (i.e. your children). Again, he has no additional financial obligation if your expenses are greater than his as a result of children that he is not legally responsible for. Most likely, you need to pursue child support from your former husband.
As I stated in response to your other question, you may be entitled to some amount of spousal support based on the length of the marriage, and the disparity in your age, health, and earning capacity. However, no attorney on this forum can tell you how much it might be. You need to retain an attorney.
DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com
Hi, You are entitled to spousal support/alimony for yourself but no support for the children from your prior marriage. I urge you to talk to an attorney for advice and information before you do anything further. Good luck to you.
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