Can I get alimony from my soon to be ex-husband?

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Can I get alimony from my soon to be ex-husband?

My husband and I have been separated for over a year. I’m raising our 2 grandkids by myself but we both have legal guardianship. The only income is my granddaughter’s SSI check and my grandson’s child support. Can I get alimony/spousal support?

Asked on June 25, 2011 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Alimony and spousal support are determined on a case-by-case basis, so there is no universal answer, but as a general matter, in a divorce, the spouse who previously earned or now earns less (or didn't work at all) and/or has fewer resources can get spousal support or alimony. There should also be some distribution or splitting up marital assets (money in joint bank accounts; property or vehicles owned jointy or bought with joint money; etc.). You should consult with a family, matrimonial, or divorce law attorney, bringing with you whatever documents you have relating to finances; the attorney can advise you as to what yo might be able to get, and how best to make sure you get it.


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