In a divorce, what happens to a stay-at-home mon in her 40s who hasn’t worked in over 15 years?

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In a divorce, what happens to a stay-at-home mon in her 40s who hasn’t worked in over 15 years?

My husband had an affair with an ex. I found emails between them with him

stating he only loved her and ‘our’ kids etc. We have been married since 2007. I haven’t worked because I do not have driver’s license and have severe anxiety and it was convenient for me to take care of the kids and be there for them. Everything is in his name. I have no credit or no bank account. What happens to me?

Asked on April 14, 2018 under Family Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Under the circumstances you describe, with him being the breadwinner  supporting the family for many years, and you being a stay-at-home mom, if you divorce him, you would be entitled to spousal support (alimony) from him, as well as to a fair or equitable share of the marital assets (money, real estate, etc.) acquired during marriage). If you receive primary custody of your children, which is reasonably likely (children are often left with the main caregiver), he would also have to pay child support. You should consult with a family law or divorce attorney about you situation; it may be possible to get him to pay you attorney's fees, and that is something you can discuss during a consultation with the lawyer. Many attorneys provide a free initial consultation to evaluate a case; you can check into that before making the appointment.


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