Legal Question in Family Law in Connecticut

Re: Deadbeat husband support?

Your friend could either minimalize or avoid all together, paying spousal support if she can prove that her husband's conduct was the cause of the breakdown of the marriage. This is the only time "fault" comes into play in CT which is a no fault state. This means that all anyone has to do in CT to get a divorce, is to testify that the marriage has irretrievably broken down and there is no hope of reconciliation. If a spouse seeks alimony, and the other spouse can prove that the alimony seeking spouse caused the breakdown, then alimony is reduced or avoided all together.

I must say, however, it can be a tough burden to prove. This is because the alimony seeking spouse will say the marriage was already broken down when his conduct that she claims caused it occurred.

Your friend's case may be unique in that his conduct occurred over several years, depleting them financially etc.

If your friend does not seek a divorce right now...every month and year that goes by, exposes her to that much more time shoud COULD be at risk of paying spousal support. So, worse case scenario, is that if she failed at proving that he caused the breakdown and she stayed married 2 more years...she risks paying at least one more year of spousal support. Although there are no specific guidelines for payment of alimony, the general trend is to look to the number of years of the marriage and the possibility of paying half of the years in alimony..so a 12 year marriage can expose your friend to 6 years of alimony. This is speculative, but the best I can do as to providing risk of exposure.

I would really need more details to advise any further.

Re: Deadbeat husband support?

It is not clear from your question whether your friend resides in NY.

However, in NY maintenance (formerly known as alimony) can be durational or for life. It is unlikely that your friend�s husband would be awarded maintenance for life in light of the fact that he had apparently been gainfully employed a few years ago. Furthermore, since the husband would likely be awarded a share of the house, he would have some assets on which to live. So it is also possible that he would not be awarded any maintenance, even for a period of two or three years.

Your friend should really do what is best for her in the long term. If she is unhappily married, she should not let these financial issues prevent her from moving on.

If your or your friend need assistance on this, or any other legal matter, please feel free to contact me.