Legal Question in Family Law in New York

Alimony

My wife and I have been married less than a year (10 months). We have been leading separate lives since our marriage. We were married in NY and she left to go back to Virginia (where she was born and raised) 3 months after our marriage. I also have proof she had an affair after returning to Virginia.

She is 49 and I am 45. If I divorce her, will I have to pay alimony? I believe she married me only to have someone take care of her and pay all her bills (she is heavily in debt). She is currently not working (she quit her job and now expects me to pay all her living expenses).


Asked on 4/28/09, 12:29 pm

3 Answers from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Alimony

You should not have to pay alimony.

Have you considered filing for a dissolution of the marriage?

Patricia Martin-Gibbons

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Answered on 4/29/09, 11:52 am
Kristen Browde Browde Law, P.C.

Re: Alimony

It's unlikely that a court would order you to pay alimony under those circumstances. If you'd like to arrange a consultation, please feel free to get in touch.

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Answered on 4/28/09, 1:01 pm
Yolette M Saintiny The Law Office of Yolette M. Saintiny

Re: Alimony

I don't believe under the circumstances you have described that a court will order you to pay alimony.

By leaving you to return to Virginia, she has in fact abandoned her marital residence; if you can substantiate the alleged affair, in addition to a possible fraudulent intent when she entered into the marital relationship as you are eluding to above, you maybe able to annul said marriage altogether.

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Answered on 4/28/09, 1:43 pm


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