If we divorce what should I expect if I am the only one who is working?

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If we divorce what should I expect if I am the only one who is working?

The house, cars and bills are in my name. We have 3 kids less than 10 years old. My husband receives disability. I want to know if I have to pay alimony, who will keep custody of the kids, who will keep the house etc.?

Asked on June 10, 2019 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

We cannot answer your questions for certain, because it depends on the exact circumstances (how much you earn, who is the primary caregiver, how old the children are, etc.), but we can state some relevant general principals:
1) If your income is substantially more than your husband's disability, you will most likely have to pay him spousal support or alimony. The higher-earning spouse supports the lower-earning.
2) Whomever is currently the primary caregiver will most likely get custody.
3) If the children are young, normally, whomever is the caregiver would likely be able to live in the house until they are older, even though at some point, it will typically be sold and the proceeds divided--the goal will be to not relocate and uproot young children. Balanced against that, all other things being equal, if your husband is disabled and the house is well set-up for him and close to his doctors, that would tend to argue in favor of him getting to live there--though again, typically at some point, the house will be sold and proceeds divived, or he'd get the house but you get other money or assets to compensate.


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