Can my husband collect alimony?

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Can my husband collect alimony?

We have been married for 10 years. I am a teacher making $3,500 a month and he collects social security/disability which pays about $1000 per month. We have no children. Although he has congestive heart failure, he has a certificate as a computer technician and can build and repair computers. Would he be able to collect alimony from me?

Asked on November 16, 2011 under Family Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, if one spouse has been supporting the other, in whole or in part, he or she will probably have to pay some spousal support (alimony) to the other upon divorce. This is so even if the other spouse *could*  work--the ability to work may be considered in determining the duration of support (it does not have to be forever), but the courts will not force someone who, in fact, has not been working and who has been largely supported to immediately fend for him- or herself. While every case is different and you should consult with a divorce or matrimonial law attorney about your situation, from what you write, there is a good chance you would have to pay alimony or support.


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