If divorce papers are filed, can I ask for my wifeto pay any additional monies besides the 5 months spousal support?

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If divorce papers are filed, can I ask for my wifeto pay any additional monies besides the 5 months spousal support?

We’ve been married for 15 months. Can I be awarded spousal support for longer than 5 months since my wife left me? Can I collect pain and suffering monies? My wife decided to leave me for no reason; she just wants to be on her own. Since she made 69% of our income. I will not be able to pay our bills without her.

Asked on February 26, 2012 under Family Law, Ohio

Answers:

Barton R. Resnicoff

Answered 12 years ago | Contributor

NY now has no fault divorce; and even before that, fault really did not factor in on spousal support or property (or debt)distribution.  Has your wife moved out?  If so, you may have to find a way to support yourself, just as you did before the marriage.  There is no award because she caused the termination of the marriage, not something you wanted to hear, but you should keep that in mind.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your situation.  Although you need to speak with an attorney in your area, generally speaking, I do not think that you will receive any spousal support given the amount of time that you weremarried.  Although I can undertsand how upset you must be, the law does not allow for a pain and suffering award in divorce. As for the bills, she is responsible to pay for any bills that are joint as you are: rent, credit cards, etc.  This is something your attorney will negotiate.  Good luck.


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