If my husband of 42 years wants a divorce, whatare my chances for alimony or support?

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If my husband of 42 years wants a divorce, whatare my chances for alimony or support?

My husband has been going through some weird changes lately and he is threatening to get a divorce. In the past 42 years he has had extra affairs outside the marriage, and 2 children outside the marriage. I have been very faithful to him and tried to stick it out but now he has been sick and he seems to think that I am doing things that I’m not. He is threatening to leave me and empty the bank accounts. He has a retirement and social security. I only have a social securitycheck so it would not be enough to maintain the house. Should I at least speak to a divorce attorney? I’m in Riverside County, CA.

Asked on August 24, 2010 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

Yes, indeed speak with an attorney on this matter.  Alimony - or spousal support - comes on two levels: the amount awarded and the duration.  The duration is closely linked tot eh length of the marriage.  here I would say that you are pretty safe given the 42 years.  The rule of thumb is one-half the length of the marriage.  But there are guidelines that are used by the courts in determining these matters and seeking help from an attoreny in your state is a good idea.  Courts in California have broad discretion in these matters and your case has to be presented in its best light.  Good luck.  You deserve to be happy.  


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