Legal Question in Family Law in New Jersey

Husbands rights when alcoholic wife leaves the home.

My wife of 28 years recently and voluntarily was committed to a mental health hospital for major depression and alcoholism. Soon after her release she announced she was leaving me. We own our own home and have 2 adult children living with us who we support(car loans, insurance, college loans, housing, etc.) We have approximately $6000 in monthly debt and have a total debt of about $75,000. There is no legal separation agreement as of yet although she has consulted an attorney who says that I would have to pay her at least $1,000 per month alimony and pay all our current debts as well. My monthly income is $4,000 (after taxes) and her's is $2800 (after taxes).

Given that she is mentally ill and has deserted the home do I have recourse. Can I stop payment on all non-joint debts such as her credit cards, car insurance, my son's college loans that are in his name, etc.?


Asked on 9/19/02, 2:16 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Husbands rights when alcoholic wife leaves the home.

Actually, her mental illness may hurt your position. If the Court believes you were supporting her most of her life, then alimony will certainly be an issue. You have given a very complicated factual scenario that needs a careful review by an attorney. You need to get one immediately. Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 9/19/02, 4:13 pm


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