If I am currently in the process of divorcing my husband, willI be able to get any financial assistance from him while living under the same roof unitl we’re divorced?

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If I am currently in the process of divorcing my husband, willI be able to get any financial assistance from him while living under the same roof unitl we’re divorced?

I am currently unemployed and we have a 3 year old child. Also, once the divorce is final will I be required to move out of the apartment?

Asked on March 5, 2012 under Family Law, New York

Answers:

Barton R. Resnicoff

Answered 10 years ago | Contributor

If the apartment is a rental and at an afordable rent, and you have the child living with you and you want to stay, you should be able to get possession of the apartment.  As for support while the action is pending, he should be required to make sure that the apartment's expenses are paid and food for the household, and similar expenses, at a minimum, are taken care of.  What was he doing before the divorce started?  My advise is to continue the status quo unless it is inadequate.  If he is the monied spouse, you may also be entited to a counsel fee award, depending upon how reasonable he is or is not.


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