Jersey City, NJ asked in Divorce for New Jersey

Q: Can I get alimony?

Me and my husband have been separated for 2 years he threw away all of my belongings and I just found out today that his girlfriend is two months pregnant and wanted to know if I can get alimony from him?

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3 Lawyer Answers
Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: The answer is probably not. You have been living separate and apart for two years, so there would be a strong argument against it. The fact that your not yet ex-husband has a pregnant girlfriend is not a factor. What you need to do is have an in person consultation with an experienced matrimonial attorney and go over your situation in detail.

Teresa L. Reichek
Teresa L. Reichek
Answered
  • Mount Laurel, NJ
  • Licensed in New Jersey

A: There are several factors involved in an award of alimony. Your husband's new child is not one of those factors. The short answer is that it is unlikely. Even assuming you would have been likely to receive alimony when you first separated, had you gotten divorced at that time, you have now been living for two years without additional funds from him. That shows that you are capable of supporting yourself without his assistance. However, if he has been paying part of your household expenses for the last two years, that would significantly increase your chances.

Every case is unique, so it never hurts to put in a claim for alimony in your initial pleading. To get a better assessment of your situation you should consult with an experienced family law attorney. Many firms, including mine, offer free consultations. A one-on-one conversation with an attorney is the best way to assess your case.

Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: The only way for any family law specialist to answer that question is for you to come in for a consultation to discuss your income setting, your husband's employment and income setting, the duration of the marriage ( and any period of time you and he lived together before marriage), your respective asset structure and any other pertinent information. If you would like to schedule a consultation, call 973-379-9292 to arrange it and my office staff will tell you what you need to provide for the meeting.

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