Q: Am I entitled to support from my wife if she wants a divorce?
I am disabled with no income or money. My wife, who has been the breadwinner for over 10 years, wants a divorce. We've been married for 28 years and have no prenuptial or postnuptial agreements. Am I entitled to any support from her?
A: The legal standard for spousal support is financial need and ability to pay. You can definitely ask for spousal support. 28 years is a long term marriage. A support award will be based on how much each party earns, or can earn. Speak with a local family lawyer for more specific advice.
A: Hi! Yes, based on the details in your comment, it is very possible that you are entitled to support. An analysis of the marriage's financials would need to be conducted so we can advise of the options for support you may be entitled to - depending on the circumstances, you may even qualify for her to cover your attorneys fees and costs during the divorce as well.
A:
Alimony is based upon need and ability to pay. Based upon what you have stated you could certainly prove that you have a need for some amount of alimony the remaining question, which you would have the burden of proving in court, is that your Wife has the ability to pay some amount of alimony given her income and her normal and regular monthly expenses. The same scenario would be true if you sought to have your wife pay all or some portion of your attorney's fees and costs.
Sincerely, Daniel Bachert, Esq, Family Law Attorney, Supreme Court Certified Family Law Mediator and QDRO Specialist. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
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