LafayetteLady
Posts: 7683
Joined: 5/2/2007 From: Northern New Jersey Status: offline
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quote:
ORIGINAL: lusciouslips19 First you say I would not get support although I am unemployed and then you say inability to afford housing is not the reason? Well if you can explain to me how to live outside of this free studio, go for it. Being unemployed is not grounds for support. Unemployment is considered a temporary condition. Spousal support is not for temporary conditions. Now if you didn't work through your whole marriage, but instead were raising the children and taking care of the house and such, that is grounds for support. Even then, depending on the length of the marriage and your age, reconstruction support would be the first thing looked at. In that case, you would receive support while you learned a skill that would make you employable. Unemployement doesn't last forever. Why would you think that your husband should be supporting you during this time (as you are separated or if you were divorced)? He isn't responsible for your loss of employment. If you are disabled, and that is the reason for your not working, then you aren't unemployed, you are disabled. Even then, if you were not disabled before this "separation" he isn't responsible for supporting you. You say the studio is "free", but also mention that there is debt and leins on the property. So I will just have to assume that he is currently paying those debts because you are unemployed. Keep in mind that if at some time in the future, a divorce is sought, he could get credit for the payments of the marital debt that you have not contributed to when distribution of property comes into the mix. quote:
ORIGINAL: lusciouslips19 I suppose because I am sperated and have my own space it isnt as bad as it would be for others. I suppose we can also get a divorce and still remain in this building but then we would have to deal with all of the debt and leins on the property. Status quo sounds better, so I suppose you are right there. As mentioned above, the debts on the property still exist now. The leins would come out of a sale of the property unless they were somehow paid before. I really don't mean to insult you, but not taking care of the debts and leins really have nothing to do with getting a divorce. At some point, those issues will have to be dealt with regardless of whether or not you remain legally married. It sounds as though the two of you don't have a completely destroyed relationship (in the sense of living under the same roof, albeit different "homes"), so logically the two of you should talk about how you can resolve the debt and leins for the benefit of both your futures. You say "we bought" so by law the debt and leins are as much your responsibility as his. Certainly, I have no idea how the debt and leins came to be, and they could be all yours or all his fault. But unless one of you proves that, it will be considered "marital debt" and you will be held responsible together. If your state is a community property state, you will be held equally responsible. If your state is an "equitable distribution" state, then the responsibility will be divided in whatever way the court deems "equitable and just." That is a very broad definition, but typically it comes down to the earning capacity of each during the course of the marriage, the contributions each made to the marriage and various other things. The issue of who will retain custody of the children (which doesn't sound to be relevant in your situation) will play into that decision as well. The point is where you are living isn't "free." The debt will increase or he is paying it. If it increasing, some time down the road, you both will suffer the consequences of the debt and leins whether it be through death, divorce or foreclosure. If he is paying it, this "free" apartment of yours will likely need to be "paid" for by you down the road in the case of a divorce. I realize that when we are unemployed, we have to think in the "now" not the future. But there are no "free rides" in life, and your saying your apartment is "free" is likely to bite you in the butt down the road. Yes, I am a woman and I do not think that spousal support should apply in 95% of the cases. Women are the ones typically seeking spousal support and I don't see a reason why they shouldn't learn to be self supporting. Spousal support is awarded less and less. Women sought equal rights and got many of them. Thinking that being married to someone means they should support you when the marriage ends as opposed to working like the rest of the world is taking two steps back.
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