Can You Get Alimony if Your Spouse Earned a Degree During Your Marriage
My question involves a marriage in the state of: New York
My wife went from a nurses aid to an LPN And from an LPN to RN From an RN to a nurse practitioner. She wanted to go to school I helped and supported every step of the way My background is computer repair And tech support I kept the computers running Every step of the way For years and years.
To help her with school papers Soap notes Presentations And a hundred other things over the years She is now a nurse practitioner.
For how I have helped to enrich her life. She became emotionally involved with a younger guy And we are now separated.
I am on Medicaid and food stamps In a divorce can I recover Some type of spousal support For how her life has been reached
Re: Can You Get Alimony if Your Spouse Earned a Degree During Your Marriage
How long were you married?
How long have you been living apart?
Re: Can You Get Alimony if Your Spouse Earned a Degree During Your Marriage
Quote:
Quoting
Dogmatique
How long were you married?
How long have you been living apart?
And...what is the level of her student loans? Are you willing to accept responsibility for a share of those loans since you want to share in the income that those loans have generated?
Re: Can You Get Alimony if Your Spouse Earned a Degree During Your Marriage
The court will consider your request for spousal support based on the same criteria it would if you were female. Income, relative earning ability, standard of living established in the marriage, education, length of marriage, etc., and importantly, the contribution of each party to the education, training, or earning ability of the other.
Re: Can You Get Alimony if Your Spouse Earned a Degree During Your Marriage
We have been married for 32 years have been separated for a year and a half, ..I left her I moved out and away
Re: Can You Get Alimony if Your Spouse Earned a Degree During Your Marriage
Quote:
Quoting
david23
We have been married for 32 years have been separated for a year and a half, ..I left her I moved out and away
With a marriage of that long of a duration, your chances for spousal support are high particularly because you are on public assistance. The judges would rather she pay for you than the rest of us pay for you...
Re: Can You Get Alimony if Your Spouse Earned a Degree During Your Marriage
The cost of her student loan is almost the cost of her car payment per month approx. $375.00
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You make a very convincing and compelling argument For me However there is always an inherent danger in bringing any lawsuit As it could backfire What area or areas of concern do you see ahead of me If I decided to pursue this divorce.
Re: Can You Get Alimony if Your Spouse Earned a Degree During Your Marriage
You may find it difficult to convince the court that you need spousal support; you've lived apart for over 18 months without it. You may wish to consider mentioning it to your attorney.
Long term marriage does NOT equate to spousal support.
Re: Can You Get Alimony if Your Spouse Earned a Degree During Your Marriage
You make a very convincing and compelling argument For me,
However there is always an inherent danger in bringing any lawsuit As it could backfire,,, What are some areas of concern you see ahead of me If I decided to pursue this divorce.
Re: Can You Get Alimony if Your Spouse Earned a Degree During Your Marriage
Spousal support is not dependent upon whether a degree was earned during marriage. New York does have authority for the inclusion of the value of a degree, earned during marriage in the marital estate for division as an asset. See, e.g., Shao Yun Liu v. Ming Jin Chen, 22 AD3d 555,557 [2d Dept. 2005]; McSparron v McSparron, 87 NY2d 275, 282 [1995], rearg dismissed 88 NY2d 916 [1996]). The debt associated with the degree could be considered in association with such a claim.
These are issues you should be discussing with a divorce lawyer.