What to do if my husband and I have been separated for 7 months and we came to a verbal agreement that he would give me $400 per month but he has failed to do so?

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What to do if my husband and I have been separated for 7 months and we came to a verbal agreement that he would give me $400 per month but he has failed to do so?

The money is to maintain our marital home since he was the one leaving and I am a full-time college student.

Asked on July 30, 2015 under Family Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

An oral or verbal agreement like this is effectively unenforceable, since there is no "consideration," or something of value given for the promise to pay you support. This means that the agreement is not a contract but merely a "gratuitious" (or freely made) promise, and the law does not enforce such promises. Furthermore, it would be hard to prove the existence or terms of the agreement if your husband denied it, since this would then be simply your word against his, or "he said, she said." 

Speak with a family law or divorce attorney: to be sure of support, you may need to file for divorce and have the case settled by a written divorce agreement, or else get a judge to order support.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

An oral or verbal agreement like this is effectively unenforceable, since there is no "consideration," or something of value given for the promise to pay you support. This means that the agreement is not a contract but merely a "gratuitious" (or freely made) promise, and the law does not enforce such promises. Furthermore, it would be hard to prove the existence or terms of the agreement if your husband denied it, since this would then be simply your word against his, or "he said, she said." 

Speak with a family law or divorce attorney: to be sure of support, you may need to file for divorce and have the case settled by a written divorce agreement, or else get a judge to order support.


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