If my husband and I have only been married for 10 months and he just filed for divorce, will I be able to get any type of spousal support from him?

We have no children. I recently found out he was having an affair and is now starting a business with his girlfriend. I quit going to school to work full time for barely anything so that I could help him with bills and child support from a previous marriage. He has left me with nothing. I had no money in savings because of my whole paycheck going out to bills.I feel that I deserve something but don’t want to waste money on a lawyer if I will walk away with nothing. He also borrowed $5000 from my family before he left me. Is there anyway to force him to repay that with no written agreement?

Asked on July 20, 2012 under Family Law, West Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First of all, any debt that he may owe your family has nothing to do with the state of your marriage. Divorce or no divorce, if he legitimately owes your family he must pay. As to whether or not he does in fact owe this debt, know that not all loans must be in writing. Rather, the court will look at the overall circumstances to make its decision.

As to the issue of alimony, in virtually all jurisdictions, a marriage of such short duration would not allow for an award of alimony. This is true even if a spouse committed adultery.

However, you mayw ell be entitlted to a share of the business, since you are still married. If any marital funds were used to start it, then his share will be considered to be a marital asset.

At this point, you should consult directly witn a divorce attorney in your area. They can best advise you as to your rights in this situation. When you go in, bring any documents that you can regarding your marital finances and the new business that your husband is starting.

Best of luck.

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