Legal Question in Family Law in Maryland

I have been married for 25 years. Because I got disabled by Multiple Sclerosis and no longer am able to stand, walk, drive, I had to retire by disability five years ago. Five months ago, my husband announced me that he had enough of being part of the family team (my parents, my two over-18 children and him) who are my caregivers. He separated, took over the basement, and is acting as a stranger who has nothing in common with me. His bi-monthly paychecks are still automatically deposited into our joint checking account but he is withdrawing and spending most of it, leaving me to rely solely on my disability benefits to pay the bills. From their retirement funds, my dedicated and loving parents feed me, buy my medication, pay for all the expenses my disease is incurring and also pay the tuition for my children who are college students. My husband does not want to file for divorce because he is living rent-free and care-free in the house that is my parents' property.

My question is this : how much of his earnings is my husband supposed to contribute towards the facilities expenses and my care? He is after all living under the same roof with me even if he totally ignores me as if he were a stranger.

Thank you very much in advance, God bless you,

Brigitte Alexandres


Asked on 11/01/09, 8:12 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Since your children are now adults, they are no longer entitled to child support. You might be entitled to alimony, but to get that you would need to file a divorce action based upon desertion and ask for an alimony or separate maintenance award. I think you are an excellent candidate to be awarded alimony given your situation, especially if he makes a decent salary. I think a court would require him to pay at least half and likely more of what the expenses of upkeep are.

Since your parents own the home, they could give him an ultimatum of either starting to contribute more toward family expenses or leaving. If he refuses they could file a landlord-tenant action and have him evicted.

You should consult with an experienced family attorney to get more information and take appropriate action.

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Answered on 11/09/09, 9:41 am


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