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  1. #1
    Join Date
    Aug 2014
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    7

    Default 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

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default 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?

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can You Get Alimony if Your Spouse Earned a Degree During Your Marriage

    Quote Quoting Dogmatique
    View Post
    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?

  4. #4
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default 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.

  5. #5
    Join Date
    Aug 2014
    Posts
    7

    Default 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

  6. #6
    Join Date
    Aug 2014
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    226

    Default Re: Can You Get Alimony if Your Spouse Earned a Degree During Your Marriage

    Quote Quoting david23
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    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...

  7. #7
    Join Date
    Aug 2014
    Posts
    7

    Default 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.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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.

  9. #9
    Join Date
    Aug 2014
    Posts
    7

    Default 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.

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

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