Q: Hello, I live in Paramus, NJ. I'm looking to get divorced from my husband, who I've been separated from since 1995.
I've not seen nor heard from him and would like to get a divorce and some alimony. I found out from our son he gave a credit card to my son's roommate, so I guess he can afford some alimony also. We were married in 1985.
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A: I have good news and bad news for you. The bad news is that you have been separated since 1995, so your chances of being awarded spousal support are extremely slim. The good news is that you can get a divorce. You need to retain an experienced matrimonial attorney that will enable you to get on with your life. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
A:
Thank you for your question. The fact that you have been separated since 1995 - app. 30 years and living in your own in my opinion we preclude you getting alimony.
The other issue is that a separation does not stop the clock on the marriage as only filing a divorce complaint would do that. Therefore you are now married 39 years.
Are you entitled to a division of the assets/liabilities that have been accrued by him and is he entitled to any of the assets/liabilities accrued by you over the last 39 years?
If the separation was 10 or even 15 years I believe you would have a better claim for alimony if the incomes of each of you called for it. Also how old is your husband now? Is he at retirement age? If so, that would also hinder your claim to alimony.
In sum, the length of the separation in of itself shows you did not “need” support from him. Therefore while anything is possible - I don't think it’s probable that you would get alimony. I recommend speaking with an attorney to discuss further to better guide you.
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