Yonkers, NY asked in Divorce for New York

Q: What recourse do I have when I do not want a divorce?

My husband and I have been together for 7 years and married for 3. we have no children. He left our home 2 months ago to live with another woman. Since he has left he has been in the home with me telling me he loves me and wants to come back. He may not live full time in our home but he works nights and he spends them and sleeps with me . In the morning he returns to the home where he has been living with this woman. He tells me he does not want a divorce but tells this woman he is getting one . The home we live in is owned by my brother and we have been responsible for the taxes and maintenance of the home. There is no mortgage. For 7 years my husband has been paying these bills for I am a housewife and I am not employed. I believe now that his lies have caught up with him he may be seeking divorce. As his wife what am I entitled to as for as alimony because I do not have an income and he has been paying for everything including my car which is in his name. I live in New York

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1 Lawyer Answer
Sunjae Lee
Sunjae Lee
  • Flushing, NY
  • Licensed in New York

A: One cannot stop the other from pursuing a divorce.

As a homemaker with no employment, living in brother's house, you could get some alimony.

But alimony amount is determined by many factors such as husband's income, duration of marriage, health, education, financial lifestyle, etc.

Husband having a paramour won't have much effect on alimony unless hard proof with big numbers can be used--but for a 3 year marriage though, alimony amount and duration may not be much to begin with.

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