If my husband and I have been married for 30 years and have now been separated for 2 months, how do I get support from him?

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If my husband and I have been married for 30 years and have now been separated for 2 months, how do I get support from him?

All I have is disability.

Asked on March 14, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

While you are still married, your husband is not required to send you money for support.  However, if you are disabled, you may be able to qualify for temporary and/or extended marital support.  To get temporary marital support, you will need to file a petition for divorce which includes a request for temporary support.  After you file the petition, you will need to request a hearing on the issue of support and present evidence that you have been married for more than 10 years and the nature of your disability.  If the court rules in your favor, then you will receive a temporary amount of support while the divorce is pending.  At a final hearing, you'll need to present similar evidence, including efforts on your part to find suitable employment to support yourself.  After each side has presented evidence regarding marital support, the judge can order your husband to pay you a certain amount for each month for a limited number of years.  Even though very similar to alimony, the function is to provide support, not repay a spouse for their efforts during the marriage.  Before you file for divorce, you should at least have a consultation with a family law attorney.  They can go over the rules regarding marital support as they apply to your specific situation.


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