question about seperation and divorce alimony in pa.

one year ago i was seperated from my wife because of issues with alcohol and depression. I went to a rehab for 40 days. My wife and I agreed to seperation from 6 months to 12 months…3 months into the seperation she filed for divorce with a lawyer and stipulations concerning divorce…I wanted the marriage to work and now she is in full pursuit of the alimony. Is she entitled to anything?

Asked on June 26, 2009 under Family Law, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your wife has a lawyer, I very strongly recommend that you get an attorney to represent you in this.  One place to find qualified counsel is our website, http://attorneypages.com

It's simply impossible to say whether or not your wife is entitled to alimony without a complete review of the case.  While I'm not a Pennsylvania attorney (and the law does differ significantly from one state to the next), some of the facts that probably have to be considered by the court would include the length of the marriage, your income and hers, the marital assets and how they are going to be divided, and possible the lifestyle the two of you shared while you were together.  If your illness has seriously decreased your earning power, this can get very complicated.


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