If I leave my husband would it considered abandonment since he is disabled?

04/28/2009 - Divorce - State: ALL #16354

Full Question:

I am getting a divorce from my husband and he says I will have to pay him alimony if I desert him. He makes $2,000 from his job and he is on disability and he receives another $1800.00. I only bring home $2500.00 monthly. He has a home only his name on it. If I leave him since he has nothing to do with me would it be considered abandonment? He has diabetes and a bad heart.

Answer:

Abandonment typically requires finding that the spouse has left voluntarily, without an intent to return, against the other spouse's wishes, and without a good reason. The court, in determining whether to award support and maintenance for a spouse, will consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce. In determining the nature, amount and duration of an award of alimony, the court will consider the following:

1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
2. The standard of living established during the marriage;
3. The duration of the marriage;
4. The age and physical and mental condition of the parties and any special circumstances of the family;
5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
7. The property interests of the parties, both real and personal, tangible and intangible;
8. The provisions made with regard to the division of the marital property;
9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties. 20-107.1


Please see the information at the following links:

http://definitions.uslegal.com/s/spousal-desertion/
http://definitions.uslegal.com/a/abandonment/

04/28/2009 - Category: Divorce - State: ALL #16354

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