Dear Attorneys,
I have always been the “breadwinner” in my marriage. Now we are getting a divorce and I want to ask for alimony because she is asking me for it. Can I do that?
Sincerely,
Breadwinner Barry
Dear Barry,
The short answer is probably not. Unless there is some other extenuating circumstance in which you will no longer to be able to earn an income, or she is going to obtain a new job where she is going to make a lot more money, you would be the person to pay alimony since you were historically the higher earner during the marriage. It’s important to remember that in a divorce, it should not be “tit for tat.” Just because she is asking for alimony (and it sounds like she is probably entitled to it if you earned that much more than her), it does not mean that you should ask for it for the sake of asking for it. That said, when our clients do not want to ask for alimony in a divorce, we do have them sign an informed consent. The reason for that is if you do not seek alimony in your dissolution complaint, and then you want to ask for it later on, you will be barred from doing so without amending the complaint. Likewise, if you waive alimony in your final divorce agreement, you can never re-open the agreement to obtain it. That is why in some situations, if it seems as though alimony may be necessary in the future, we will use a clause that says that each party can pay the other $1.00 per year in alimony. This leaves the agreement open for a potential alimony request if the need should arise.
Remember, you don’t have to navigate this challenging situation alone. Seek support from experienced professionals who can guide you through the legal process and help you make informed decisions. Wolf & Shore Law Group is here to help you make your family law matters easier, not harder. We are realistic and direct with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
