If you’ve been separated but ,not legally, for 6 years and have not been able to work in that time, is the working spouse legally financially responsible for your expenses?

Get Legal Help Today

 Secured with SHA-256 Encryption

If you’ve been separated but ,not legally, for 6 years and have not been able to work in that time, is the working spouse legally financially responsible for your expenses?

We have a teenage child togetherin my full custody,for whom my husband does pay non-court-ordered support, mutually agreed upon. As his wife of 16 years am I entitled to some sort of financial support from him, as well? He claims not I cannot afford to pay for a divorce and I believe he will not do it to avoid having to surely give me alimony, granted by the courts. Would we have to be legally separated for him to have to help me financially, if I am indeed entitled? I do not know the law regarding this matter and would appreciate some guidance. I have been on SSD for 2 years now and am finding it quite difficult getting by on this very limited income.

Asked on October 1, 2018 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you will have to go through legal separation or divorce in order to require him to pay support to you. The law does not interfere in couple's internal or financial arrangments while they are still married, and courts do not have any power or jurisdiction without a legal case (e.g. a divorce case) being filed. You say you cannot pay for an attorney, but can you afford to not get one? You may be entitled to significant monthly support--at the least, consult with a family law attorney (many provide free consultations to evaluate a case; you can confirm this before making the appointment) to discuss your rights, options, costs to proceed, etc.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption