Q: Can my ex ask for spousal support in our divorce?
I am filing for divorce after being separated from my ex for over a year. He has lived with his parents and on his own this past year. He currently lives on his own. I just learned that his employer dropped him down to 1 day a week and he only makes $12 an hour. I am concerned that he will go after me for spousal support. He has been on his own for so long, he can obviously take care of himself. Should I lawyer up if he attempts spousal support?
A: You can argue that he is capable of working full time. He could respond as to why he is not working full time. It is always helpful to have an attorney with spousal maintenance because although there are maintenance guidelines, they are discretionary with the court. An attorney can make arguments on your behalf supported by the law that the court has to follow.
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