What are my financial options if my wife left me and child and I’m unemployed?

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What are my financial options if my wife left me and child and I’m unemployed?

My wife left me and our child nearly 2 months ago. She had, and is continuing to have, an affair. Yet, as of this month, she is still paying our bills, rent and utilities. I am not yet employed and I do not drive. My daughter and I are forced to rely on my wife at this moment and I received news from her that her new relationship does not want her to continue paying for everything to keep our household going. I’m looking to know what my options are. I am actively seeking employment yet need to be home for my daughter, having no reliable transportation makes that extremely difficult.

Asked on November 2, 2018 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

File for divorce. Not only will your wife, if she was the main breadwinner (as appears to be the case from your question) most likely have to pay you spousal support (alimony) and child support (if you gain custody of your child, as also sounds likely)--and you will be entitled to a share of the joint or marital property--but while the divorce is going on, you can get a court order on an "emergent" (think: "urgent" or "emergency") basis ordering her to pay you support during the action, so as to maintain the current status quo until the divorce is fully resolved. A family law attorney will know how to do this; consult with one right away.


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