Legal Question in Family Law in Minnesota
Alamony
My husband and I have been married for 3yrs and 4months. I think he is going to get a devorce, by the way he is acting. He closed our bank account, without telling me. ect... If he files devorce, can I get alamony? I am still raising 3 children, from my previous marriage. And my husband has retired early. Also, my husband owned our house before we got married, but it is now in both of our name. If he leaves, and devorces me, will he get the house, or how does that go?
2 Answers from Attorneys
Re: Alamony
Whether you get alimony really depends on your circumstances. Having three kids from a previous marriage isn't your current husband's problem unless he adopted them. If you are both on the house, then who gets it could go either way. You really need to contact a local divorce attorney who can look at your specific situation and determine what the likely outcome will be.
Re: Alamony
On a three year marriage, spousal maintenanc is not particularly likely. However, the court will consider the earning capacities of the parties and may, in the short term, allow some spouusal support until your can find suitable employment.
Your children ffrom a prior relationship are not relevant to the analysis and would play no role in determining whether spousal suport was warranted.
Your spouse would likely have a significant non-marital interest in the home. There may be a small marital interest based on any reduction on the principal of the mortgage during the marriage or as a result of active appreciation from capital improvements made to the home during the marriage.