Does my husband have to support me if I leave him?

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Does my husband have to support me if I leave him?

I am a mother of 2 young children and a full-time student in an accelerated nursing program. My husband is an alcoholic and is verbally and emotionally abusive. I am planning on taking my kids and leaving him but he says that he will not support me if I do. He says he will support the kids but will not pay any of my bills that he currently pays including 3 credit cards (one of which his name is on) and my car payment. He says he will pull his name from my student loans. Is there anything I can do legally?

Asked on December 6, 2012 under Family Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can divorce him. In a divorce, he will almost certainly be ordered to pay some amount of spousal support (e.g. alimony); he will  be ordered to pay child support; and marital assets will be divided between you. A divorce is how you bring the legal system into play to make sure you get what is coming to you. You should speak with a family or matrimonial law attorney.


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