What are a spouse’s rights to support?

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What are a spouse’s rights to support?

I live in CT and my husband been the sole provider. I have been a stay-at-home mom for the last 7 years. My husband says that he doesn’t think I am entitled to spousal support. I am trying to find out what are my fair and legal rights. We do still live in the same house as neither can afford to move out with us having a mortgage.

Asked on April 27, 2011 under Family Law, Connecticut

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are several factors to be considered in determining if, and how much, spousal support should be awarded.  They are: the length of the marriage (important in your case since your marriage has been of such a short duration), the causes for the divorce, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, needs of the parties, and property distribution (when children are involved, the court will also consider the desirability of the custodial parent's securing employment).  The options for alimony payments are: 1. none, 2. $1.00 per year, 3. lump-sum alimony, or 4. periodic alimony.  If the divorce judgment provides for $1.00 per year, the then has court the authority to modify the amount of the alimony award in the future.  Additionally, "rehabilitative alimony" is support awarded to one of the spouses on a transitional bases.  For example, during a period of education or training necessary to achieve self-sufficiency or make up for the time the spouse was withdrawn from the workplace.

You also have rights to your shareof marital property.  CT is an equitable distribution state, this means that  assets are divided fairly (although not necessarily equally).  Generally, all assets acquired during the marriage (exclusive of gifts/inheritances) are subject to such distribution.  The following factors are considered by the court in determining the appropriate property distribution award: length of the marriage, causes for the dissolution of the marriage (or legal separation), age, health, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income.  The court shall also consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates.

Note:  Homemaking is considered a valuable contribution to the acquisition and appreciation of assets.

This is just s brief summary of the law.  You really need to consult directly with a divorce attorney in your area.


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