Will I be entitled to spousal support if I initiate the divorce? 11 Answers as of July 16, 2013

My spouse and I have been separated over 20 yrs. His income has always much more than mine, but never wanted to pay nor divorce me. He is now buying a home and still won't pay for a divorce.

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Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
Spousal support is an equitable determination made by the court based on many factors. Such as need and ability to pay. You should seek consultation with an attorney.
Answer Applies to: California
Replied: 7/16/2013
Peyton and Associates | Barbara Peyton
It doesn't matter who initiates the divorce. Spousal support is based on a balancing of both parties' incomes, need, ability to pay and duration of the marriage. Talk to a lawyer or paralegal for a little direction and assistance.
Answer Applies to: California
Replied: 7/16/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Any spousal support is unlikely since you have been separated for 20 years and ideally have been supporting yourself, regardless of who initiates the divorce but who knows each case is different.
Answer Applies to: Michigan
Replied: 7/16/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Go talk to a nasty, smart divorce attorney near you, and take action. Nasty, smart action.
Answer Applies to: New Jersey
Replied: 7/16/2013
David A. Browde, P.C.
David A. Browde, P.C. | David Browde
It does not matter who initiates the divorce spousal support depends on an economic analysis, not a determination of fault.
Answer Applies to: New York
Replied: 7/16/2013
    Glenn Milgraum PC
    Glenn Milgraum PC | Glenn P. Milgraum
    In New Jersey and many other states, there is no "penalty" for commencing a divorce. in fact, the states bend-over backwards to assure equality in the ability to obtain a divorce by awarding pendente lite (interim) support and/or attorneys fees to the non-monied spouse. The ultimate decision as to whether or not you are entitled to "spousal support" after the divorce is too case specific to address here.
    Answer Applies to: New Jersey
    Replied: 7/16/2013
    Ryan M. Davidson Law Office | Ryan M. Davidson
    Which party initiates a divorce proceeding has almost no impact on how property division and support results. What will make a difference is whether you have been living together. If you've truly been living independently for the past twenty years, courts are not going to be very excited about awarding you much in the way of support or alimony. You'll need to consult with a divorce attorney to figure out where you stand here.
    Answer Applies to: Pennsylvania
    Replied: 7/16/2013
    John Russo | John Russo
    You have been separated for 20 years how have you supported yourself? And also you have just as much right to file for a divorce as he does so why have you not, can't afford a lawyer will not fly with the court, I don't see alimony since you have been self supporting for 20 years.
    Answer Applies to: Rhode Island
    Replied: 7/16/2013
    Eric Johnson
    Eric Johnson | Eric Johnson
    Speaking on the basis of Utah law, if you have been married for 20 years to your husband, have become financially dependent on him bring the marriage, and he make sufficient money to enable him to support himself and yet have a surplus that we can pay you for your financial support, then you are likely to get an alimony award.
    Answer Applies to: Utah
    Replied: 7/16/2013
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    It does not matter which party files for the divorce. All issues of the marriage will be resolved in the divorce including support issues.
    Answer Applies to: Georgia
    Replied: 7/16/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Spousal support is a very fact specific issue. It is based on the need of the person asking for it and the ability of the other person to pay it. Some of the factors the judge will look at are the length of the marriage, education of the parties, age of the parties, work experience of the parties, health of the parties, etc. There are no entitlements or formulas. You should consult in person with a local attorney who is familiar with the judges in order to get advice regarding the issue of spousal support.
    Answer Applies to: Georgia
    Replied: 7/16/2013
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