Q: hello. I've got some questions about spousal support or maintenance before divorce.
haven't filed yet but I think my husband might soon.
I don't work and haven't in a while. I'm dependent on my husband for money but her had cut me off and depleted our joint checking account
A: You don't have to wait for a divorce, if your husband has stopped supporting you, you should go down to your local Family Court and file for support. Any support order would be retroactive to the date you filed your application so the sooner you file the better.
A: You can petition for spousal support in Family Court without a divorce but they have no jurisdiction over the bank account or anything else. You can file for divorce yourself, but then you need to do a motion for immediate relief (pendente lite). Contact an attorney.
A: Whether you'd qualify for maintenance is dependent on a variety of factors, such as length of marriage & income disparity. He'd also need to make enough to support his own basic expenses + yours. You can get some idea of the amount by using this calculator: https://www.nycourts.gov/LegacyPDFS/divorce/Calculator.pdf. Bear in mind if you're not disabled, then you'd generally need to document efforts to find work. You're best advised to call a NYC Divorce Attorney to schedule a consult for a full assessment.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.