Can I take my husband to court for spousal support? 48 Answers as of July 02, 2013

My husband abandoned me 2 1/2 years ago. He now has a high paying job with an American company. We are still legally married. He has contributed nothing since he left. Can I take him to family court to get support?

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Dorothy Spinelli, PC | Dorothy Spinelli
It depends on your earning ability and skills and perhaps your skills. If you earn in the area of $40,000, generally the courts do not award alimony.
Answer Applies to: Georgia
Replied: 3/27/2012
Law Office of Melvin Franke | Melvin Franke
Anybody can sue anybody at anytime for anything; that does not mean that the person who sues wins. The question of whether or not you get maintenance depends upon the facts.
Answer Applies to: Missouri
Replied: 3/26/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Yes. You would best retain an experienced Family Law Attorney to represent you.
Answer Applies to: California
Replied: 3/24/2012
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
Only if you file for a divorce.
Answer Applies to: Alabama
Replied: 3/23/2012
Law Office of Jane E. Ginsburg
Law Office of Jane E. Ginsburg | Jane Ginsburg
You can certainly file a motion asking for support.
Answer Applies to: California
Replied: 3/23/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Probably. Under Washington state law, In a proceeding for dissolution of marriage or legal separation, the court may order "maintenance" for either spouse. (In may states maintenance is referred to as "alimony".) The court considers the following factors in making its decision [RCW 26.09.090]: i. The financial resources of the party seeking maintenance and that party's ability to meet his or her needs independently; ii. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interest, style of life, and other attendant circumstances; iii. The standard of living established during the marriage; iv. The length of marriage; v. the age, physical and emotional condition, and the financial obligations of the spouse seeking maintenance; and vi. The ability of the spouse from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse seeking maintenance.
    Answer Applies to: Washington
    Replied: 3/23/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    In Mississippi you can file an action for spousal support in Chancery Court. Whether you will win the case or not depends on the specific facts of your case.
    Answer Applies to: Mississippi
    Replied: 3/23/2012
    PRINCIPLE LAW GROUP | GEORGE TROVATO
    You can take your husband to court for child support but alimony (spousal support) will depend on the need and lenght of marriage.
    Answer Applies to: Florida
    Replied: 3/22/2012
    Reynolds Law Group LLC. | Thomas E. Reynolds Jr.
    Yes.
    Answer Applies to: Georgia
    Replied: 5/30/2013
    T.K. Byrne | Timothy K. Byrne
    Yes.
    Answer Applies to: Mississippi
    Replied: 5/30/2013
    The Law Offices of Laura A. Walker | Laura A. Walker
    Yes and with a court order have his checks garnished.
    Answer Applies to: Wisconsin
    Replied: 3/22/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    It depends on how long you were married and if there is a great disparity in income or ability to generate income.
    Answer Applies to: Georgia
    Replied: 7/2/2013
    Burnett Evans Banks
    Burnett Evans Banks | Paul Evans
    I assume there has been no court action concerning the marriage such as legal separation. If that is the case, and if you are unable to meet your own reasonable financial needs through appropriate employment or other sources of income, AND IF your husband has the financial ability to pay (i.e. resources above his own reasonable needs), then you may be entitled to an order for spousal support, or maintenance.
    Answer Applies to: Missouri
    Replied: 3/22/2012
    L. JONES LAW FIRM, PLLC
    L. JONES LAW FIRM, PLLC | Leon Jones, Jr.
    Yes, you need to hire an attorney.
    Answer Applies to: Arkansas
    Replied: 5/30/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You can ask for spousal support, but you would need to file an action for separate maintenance or divorce.
    Answer Applies to: Georgia
    Replied: 3/22/2012
    Ezim Law Firm | Dean Esposito
    Since you are still legally married, you can file a suit for divorce and request interim spousal support which is temporary or of a fixed duration and also final spousal support.
    Answer Applies to: Louisiana
    Replied: 3/22/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    You can ask (try). Expect him to file for divorce in response. Your best bet is ask for the divorce yourself and temporary support as part thereof.
    Answer Applies to: Texas
    Replied: 3/22/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Yes, but you need to do it in the context of ending the marriage - either by divorce or legal separation. Colorado doesn't have a procedure for simply seeking spousal support without dealing with the state of the marriage itself.
    Answer Applies to: Colorado
    Replied: 3/22/2012
    Law Offices of Frances Headley | Frances Headley
    Yes, you can request support through the filing of a legal separation or dissolution case. You should consult a family law attorney or facilitator for assistance in preparing the correct forms.
    Answer Applies to: California
    Replied: 3/22/2012
    Pingelton Law Firm | Dan Pingelton
    Yes.
    Answer Applies to: Missouri
    Replied: 5/30/2013
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    You can certainly get child support. The issue on getting maintenance (alimony) that will be raised by the other side is that you have survived on support for 2 1/2 years without it; why do you need it now? If you've been struggling and he is making a lot of money, you will likely get some maintenance.
    Answer Applies to: Colorado
    Replied: 3/22/2012
    Peyton and Associates | Barbara Peyton
    If you are still married the court can determine whether a spousal support order is appropriate. If a divorce has been granted then you can only get spousal support if the court reserved jurisdiction over that issue. If you are divorced, take a look at your judgment to see if spousal support was reserved in the judgment.
    Answer Applies to: California
    Replied: 3/22/2012
    Yahima Suarez, A Law Firm, PL | YAHIMA SUAREZ
    Spousal support needs to be requested as soon as you separate because now you have the question of how you have supported yourself all these years. Further, alimony (spousal support) is no crystal clear, it is based on various factors. It is based on the length of the marriage, your need and his ability to pay and the standard of living during the marriage. If he had a low paying job while you were together, you cannot based support on his new job because you did not have the standard of living during the marriage that he could provide for you now that you are separated. This is more complicated than a yes or no. It depends on even more factors not mentioned above. You should consult an attorney that can review all the facts on your case to decide.
    Answer Applies to: Florida
    Replied: 3/21/2012
    Law Office of Gregory Crain | Gregory Crain
    If there are minor children you may be entitled to child support. In a divorce you may be entitled to child support and alimony. In a separate maintenance agreement, legal separation you may be entitled to support.
    Answer Applies to: Arkansas
    Replied: 3/21/2012
    Law Office of Robert D. Rosanelli
    Law Office of Robert D. Rosanelli | Robert D. Rosanelli
    Yes, you may request an award of spousal maintenance.
    Answer Applies to: Arizona
    Replied: 3/21/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Yes.
    Answer Applies to: Georgia
    Replied: 5/30/2013
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Yes. File in District Court in your county of residence. You can ask for separate maintenance or for a dissolution of the marriage.
    Answer Applies to: Iowa
    Replied: 3/21/2012
    Law Office of Alan J. Pransky | Alan J. Pransky
    Yes, you can sue for spousal support. You can file an action for divorce or seperate support. Howver, while you can sue for support, that doesn't mean that you will get support. You will have to establish a need for support before you can be considered to receive support.
    Answer Applies to: Massachusetts
    Replied: 3/21/2012
    The Law Firm of Hayley A Silverberg, PLLC | Hayley Silverberg
    You cannot sue for spousal support while you are still married. However, you can file for divorce and request an Order for Spousal Support.
    Answer Applies to: Michigan
    Replied: 3/21/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Yes. You can file an action for spousal support. You will probably have to file in the county he lives in, which may mean filing in another state.
    Answer Applies to: Georgia
    Replied: 3/21/2012
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    You bet, so long as it is part of a divorce action.
    Answer Applies to: Texas
    Replied: 3/21/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Under many circumstances yes.
    Answer Applies to: New York
    Replied: 5/30/2013
    Law Office of Timothy Jones | Timothy Jones
    Assuming the marriage was in Idaho, absolutely. In Idaho, the money that your husband earns belongs to both of you until a divorce is finalized.
    Answer Applies to: Idaho
    Replied: 3/21/2012
    Smith, Gildea & Schmidt | Michael Gene DeHaven
    Yes, spousal support pre-trial, however, is different than alimony that can be awarded at the final hearing on the merits of any divorce action that you file. You should contact an attorney to discuss the facts to determine whether you have sufficient evidence to obtain pre-trial spousal support, also referred to as Pendente Lite alimony, and the facts to determine whether you should seek rehabilitative or indefinite alimony.
    Answer Applies to: Maryland
    Replied: 3/21/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Of course you can. He has a legal obligation to support you.
    Answer Applies to: California
    Replied: 3/21/2012
    Tennison & Soberon-Llort, PL | Christina Soberon-Llort
    If you are still married, you should think about seeking spousal support through a dissolution of marriage petition (filing for divorce).
    Answer Applies to: Florida
    Replied: 3/21/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Yes you can get some assistance from him, and you may be entitled to a substantial amount of money. Your whole life could be a lot better.
    Answer Applies to: New Jersey
    Replied: 6/2/2013
    McIlveen Family Law Firm
    McIlveen Family Law Firm | Angela McIlveen
    In order to answer this question an attorney would need a lot more information. In order to get alimony in NC you need to prove that you are a dependent spouse (you have been relying on your husband to support you). I suggest you consult with an attorney about the facts of your situation.
    Answer Applies to: North Carolina
    Replied: 3/21/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    Sure you would first have to file a Petition for Legal separation or Dissolution of Marriage and then file the appropriate motion.
    Answer Applies to: Washington
    Replied: 3/21/2012
    Speaker Law Firm
    Speaker Law Firm | Theodore Speaker
    Yes - you may need an attorney.
    Answer Applies to: Georgia
    Replied: 6/2/2013
    Quitmeier Law Firm, P.C.
    Quitmeier Law Firm, P.C. | William M. Quitmeier
    Yes.
    Answer Applies to: Missouri
    Replied: 6/2/2013
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