My husband fathered a child with another woman, if I file for divorce am I entitled to alimony?

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I have been married to my husband for 8 years and I just found out he has a daughter that was born during our marriage. She's 7 years old. Can I file for alimony when filing for my divorce?

Asked 11/9/2009 under Divorce, Marriage, Alimony | 651 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

I am a lawyer in CT and practice in this area of the law.  Alimony is awareded based the circumstances of the marriage - i.e. length of the marriage, financial affidavits, ect.  You should be able to seek alimony as 8 years is usually considered a long enough time for alimony to be justified.  I suggest that you hire a lawyer asap to file the divorce papers for you.  Most lawyers will meet with you for free for the intial consultation.

Marital misconduct can play a factor in award of alimony.  Unfortunately for you, alimony in Texas is only allowed in two limited scenarios (and is still not a guarantee).

The two circumstances that would qualify to have a judge order maintenance in a divorce would include if a spouse is convicted of family violence or if the marriage was ten years or longer.  Only if these circumstances exist will there be consideration of alimony (and the spouse seeking the alimony must still show that he/she does not have sufficient resources to live within reasonable parameters).

At this point, you should consult with a divorce attorney in your area.

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