Can I get spousal supportt if my husband has a green card?

I supported him all the 6 years that we were together (married for 3). He only worked for 1 1/2 years; I worked the whole 6. Now he makes more money and I have 2 children (1 his) We are separated.

Asked on September 10, 2012 under Family Law, Ohio

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether your husband has a green card or not is not a factor in whether or not you would get spousal support.  Spousal support in Ohio is designed more to help a spouse who cannot make it on their own get by.  The court will look to several factors to determine whether or not to order spousal support.  Some of the factors include the earning abilities of the parties, the standard of living that one spouse is used to, the length of the marriage, and the educational history of the parties.  This is not a complete list... but it does give you an idea of what the court is going to base their decision on.  If you were not physically or emotionally abused during the marriage, then the court will see that you had the financial ability to not only support yourself, but your entire family since he did not work during the marriage.  If there are other factors applicable to your situation... then you may have a chance of getting spousal support, but it's not the greatest of chances based on the limited facts you have provided.

However.... considering that you were the breadwinner and you are retaining custody of the child, you may still be able to get some financial help through the divorce in the form of higher child support or a higher division of assets of the community estate.  Even though you are seperated, property and assets aquired while you are married are still considered community property.  You could successfully argue that you need a greater share of the community assets or a higher child support payment because you will become a single parent during the process and based on his increase in income.


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