Legal Question in Family Law in Pennsylvania

Two questions: (1) will you have to pay him (p)alimony?; and (2) will you have to sell the marital home and give him half the sale proceeds?

Alimony, first. If you are proceeding on "fault"grounds for divorce (like abuse, especially vicious verbal indignities, etc.), you could avoid paying him alimony -- but you would have to have a hearing on the fault grounds, and it does cost to have a Special Master appointed for this purpose. In addition, even if he's not earning money right now, he would likely be assigned an "earning capacity" -- meaning what he could go out and earn right now, even though he's not. There's also the issue of "alimony pendente lite" (APL), which is just while the divorce is pending; just plain "alimony" is what's paid after the divorce decree and most often for a finite period only. Will you have to pay? It depends on how the numbers are crunched, and there are arguments on both sides.

As for the house, the court would have to equitably distribute the marital assets -- which would include the marital home. However, it doesn't necessarily have to be sold on the real estate market. Often, one spouse buys out the other spouse's share in the home, and stays in the home (especially when there are children, and part of the mortgage payment could be added on to child support payments too). Sometimes a court will give a custodial parent possession of the house for several years before it must be sold as well. The point is that the distribution is to be "equitable," and that allows for a lot of wiggle room for the court to craft a solution that's the most beneficial to everyone.

Finally, a comment from both professional and personal experience: in the end, it's just money. If money is the only reason you are staying with him, it's not a good enough reason. Go consult a local family law attorney and educate yourself about your options. You will probably find that your husband is more bark and less bite as well. Even if you would have to pay him some alimony, aren't you doing that already while he's unemployed? Wouldn't it be better to be in a smaller place without him than in a bigger place with him?

Best of luck to you.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com