Question About Alimony
The ex is purposely not working right now and he quit his six figure job awhile back. The courts gave him the bifurcated divorce decree and we are still going to trial regarding custody. The courts didn’t give me temporary alimony in the beginning and said that I can request it at trial, and this case is going onward to 3 years now pending before the court. Will I be able to get alimony since I have no degree and was the stay at home mother to our children? We got married over 10 years ago. He is purposely not going to work as to avoid this issue at trial. What are my options?
Alimony is an open question so long as you have not agreed to a permanent resolution of the question. Also, if a court has not entered a permanent order on alimony already could play a factor. One related question to keep in mind is whether the court will grant you retroactive alimony. A trial court has the ability to award alimony back to the service of the original request for alimony, which may be the divorce complaint or the motion for temporary orders. The question of whether a court will make a retroactive order largely depends on the facts of your case. For instance, did you have assets available and your husband had the ability to earn more? Additionally, if you are going to prove an ability to earn income, it may be worth discussing with your attorney whether a vocational expert witness would be helpful in your case.