My husband and I have been separated since Sept. 30th of '07. He was abusive and I left as soon as I found a way out and I took my two children with me. I have re-connected with my high school sweet heart and we fell in love again. I just found out that he and I will be having a baby. I'm not yet divorced from my husband and he continues to haunt me by saying things like "I'll never give you a divorce" or "You'll have to give me spousal support if you ever get pregnant" or alimony! Our marriage only lasted 18 months and a lawyer I spoke to said no matter what for a marriage that only lasted that long, no one will get alimony. My question is....can he get alimony or spousal support from me just because I'm pregnant with my boyfriend?
2007-12-19 04:23:45 · 26 answers · asked by Megan B 1 in Family & Relationships ➔ Marriage & Divorce
probably not, but talk to your lawyer
2007-12-19 04:26:56 · answer #1 · answered by Anonymous · 2⤊ 1⤋
Why aren't you already getting a divorce in the works? Having gotten pregnant by someone else while still legally married to your husband gives HIS lawyer something to use against you for custody of the 2 kids! (if the kids are his-you didn't say). As for 'spousal support'-who does he think you are- Brittney Spears? HE can end up paying YOU alimony and if the 2 kids are his-child support payments until they are 18. Do not delay-get your lawyer to work immediately. If things get messy and dirty-your 'new' boyfriend could take off on you-and THEN you are stuck in the middle in real trouble!
2007-12-19 04:32:29 · answer #2 · answered by signman_03743 5 · 0⤊ 1⤋
This is a tricky question. Your husband can only get spousal support from you if he doesn't work and during the time of the marriage, you made more money than he did. On the other hand, you're currently pregnant with another man's child and you're not officially divorced yet. Your husband can say that you had an affair. If your laywer said he can't get spousal support, you should trust him. He should know what he's talking about. If you can show evidence that he was abusing you, he'll definately not get any money from you.
2007-12-19 04:29:25 · answer #3 · answered by Mrs Apple 6 · 1⤊ 1⤋
If you aren't divorced then you are still married and what you are doing is considered adultery. You can't say that your marriage only lasted 18 months because you haven't stop being married yet. Since you are likely not counting the time of your separation into that, then you have really been married thus far for at least 2 years and 8 months. You had best consider all of this when next speaking to a lawyer.
2007-12-19 04:31:26 · answer #4 · answered by Anonymous · 0⤊ 1⤋
depends on the judge you get --- techinically, anyone is entitled to spousal support if one requesting it makes less income then the one they are requesting to pay it. But because of all the other things that happened in your relationship, I doubt any judge would award it, especially when you have custody of kids.
And, if he threatens to haunt you by not giving you a divorce, then LET YOUR LAWYER KNOW THAT --- there are ways of getting around that, you can file for an anullment in which case he wouldnt have a choice, but you'd have to talk to your lawyer about that to see if you qualify and how to go about it, but there ARE ways of getting aroudn that, this is not the first time an abusive husband has threatened those thigns before so there is always a way out and a way to protect yourself, just be sure your lawyer knows everything
2007-12-19 04:32:00 · answer #5 · answered by Mordi 3 · 1⤊ 1⤋
I ain't no legal expert, but spousal support is not limited to women; men can apply for it too. I don't think the lenght of time has anything to do with it. If your husband gave up a job or a life that was more financially sound to marry you, then technically he can apply for spousal support. If you moved because of your job and he had to find a new one at lesser pay, then again, technically he is a candidate.
Since you are involved with another man before your divorce, you husband pretty much has the upper hand when it comes down to divorce terms...unless you have documented proof of the abuse.
Again, I aint no legal expert, but you should find one you can trust.
2007-12-19 04:32:20 · answer #6 · answered by FREDDYN 3 · 0⤊ 1⤋
Hard to answer this question accurately when I'm not sure what the laws are where you live. I can tell you that if he was the breadwinner during your marriage and fell on hard times after you split, there is almost no chance he is going to get support from you now. If you have custody of your children he has absolutely no chance. The judge should laugh this out of court, however, you should contact a good lawyer and protect yourself and your children. Best Wishes!!
2016-05-25 01:12:10 · answer #7 · answered by lavera 3 · 0⤊ 0⤋
No, spousal support usually occurs when the wife is making significantly more than the husband or is much more financially stable. Even then it may only happen when a husband has some custody and cares for a child.
In your situation there are no children between the two of you, and he is self supporting, therefore he can not demand support.
2007-12-19 04:30:40 · answer #8 · answered by Margarette 4 · 1⤊ 1⤋
What a predicament you're in. Best advise, record your confrontations with your ex as it will benefit you in court should anything happen. There's a possibilty he can get spousal support from you, depending on his income because if he makes enough then the court will find it unjustified to give him support when he doesn't need it. You can get a divorce by default, so you may be lucky. It should be in your favor, especially if you were a victim of domestic violence and I know one thing that will make it more successful for you is obtaining a restraining order on him and they will definitely see him as a threat to you and the children.
2007-12-19 04:56:53 · answer #9 · answered by Anonymous · 0⤊ 2⤋
no. Your pregnancy has nothing to do with your almost ex getting alimony or support. He can drag his feet and make all kinds of problems, but this is an empty threat. If you have not already retained a lawyer do so, hire one you trust and listen to him or her. File asap, and quit listening to the almost ex! He is still trying to control you and abuse you.
2007-12-19 04:31:07 · answer #10 · answered by litl m 4 · 1⤊ 1⤋
No...however...consult an attorney...spousal support is no longer a one way street from man to woman. Get the information you need for a prompt divorce and cross your fingers...because you neglected the obvious...you will be spending money to solve the problems.
2007-12-19 04:29:40 · answer #11 · answered by Gina C 6 · 1⤊ 1⤋