Legal Question in Family Law in Massachusetts

divorce issue

Is it reasonable to expect my husband to help me pay for my college education in a divorce agreement? He had 3 years of Theological training, 3 years of nursing(he's an RN), and two years towards a Masters in Nursing...all during our marriage of 32 years and using mostly our marital assets(income). Our daughters were newborn, 2, and 5 when he started his Nursing program. He has consistently denied me or put me off over the years regarding me finishing my education. He is trying to suggest that my father, who is on Social Security, pay for it. My husband makes over $100,000/yr. I make about $8,400/yr. as a Pre-K teacher. Getting my education would allow me to be more financially independant and in the long run save him money in reduced alimony. All I'm asking him to do is wait 5 or 6 years to sell the house and allow me to finish my education. He walked out on me last April, he filed for divorce last June, and I discovered that he has a girlfriend (even before he moved out). He wants to sell now, have first option to buy, give me the lowest possible alimony, and make me pay half of the increased health insurance costs. Is there any possibility that a judge would agree to what I am suggesting?


Asked on 2/03/07, 9:12 pm

3 Answers from Attorneys

John DiPiano DiPiano Godson LLP

Re: divorce issue

I seriously doubt that the court would delay the divorce, or sale of the house, unless there are minor children residing in the home, for you to go back to school. However, with a long-term marriage, and the dispartiy in income you indicate, you should be entitled to significant alimony payments. If Husband is out of the house, you may seek temp. orders of support, if you have not already done so. I would be surprised if you are not represented under these circumstances? If you are, have you directed these questions to your attorney and received a contrary answer thant this one?

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Answered on 2/04/07, 9:57 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

divorce issues?

First of all, I hope that you are being represented by an attorney. The differences in your respective financial situation is significant. The issues you raise are not only reasonable, but also quite normal.

You may be entitled to spousal support as well.

You have not said at which stage of the proceedings this matter is? This would be helpful.

If you would like to discuss this matter, or have more specific information contact me either by email, or Monday morning by telephone.

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Answered on 2/03/07, 10:34 pm

Re: divorce issue

You are entitled to a division of assets that would provide for yhour education since marital assets were used for his; moreover, you have a solid basis for alimony until your eduacion and career are caught up. Please contact me if you wish to discuss further.

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Answered on 2/03/07, 10:36 pm


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