Is my soon-to-be ex-husband allowed to threaten me about havingthe lights and heat shut off and noy paying the house payment?

My husband I are separating; I have 3 kids with him. I’m also a stay-at-home mother with a disability and unable to work. My husband told me that if I stay in our house and he moves out he won’t pay the house payment and let the bank take it and he will have the lights and heat shut off.

Asked on August 28, 2011 New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation and for what your husband is doing to you and to the children.  When you say soon to be ex husband do you mean that you  have already filed for divorce?  How far along are you?  Do you have an attorney to help you?  You may qualify for legal aid so I would go and check if you do not.  If the court awards you exclusive occupancy of the marital home and awards you spousal support on top of the child support that will be awarded, and if he is ordered to pay the mortgage and bills, if he does not do so then he will be held in contempt of court.  He has an obligation to pay at least half of the bills as do you.  But the standard during the marriage will have an impact n what the court orders.  Please get legal help. It may be best for you to sell the house and split the proceeds and cut as many ties from him as possible. Good luck.


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