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Joined: Jan 2010
Posts: 192
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Joined: Jan 2010
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I know this probably varies from state to state, but if anyone has any info it'd be great.
I live in OH. Wife has had several EA's, last one from Nov. '09 to Jan '10. She moved back into the house about a week and half ago and is now moving back out to go live with a friend in OK for about 2 months. She quit her job in order to do so. She has cystic fibrosis.
I told her that if she decided to take this action that I could not support her financially (for both moral and financial reasons). She doesn't have a job lined up, and is using her health as an excuse to move out, that the stress in the house is making her health worse.
Am I legally responsible for any kind of support? I did agree to leave her on my medical insurance, but she is responsible for the co-pays, and that she is not allowed to use my HSA.
D - Day: 11/7/2009 Ended it with OM: 11/7/2009 Broke NC: 11/9/2009 D - Day 2: ~ 12/10/2009 Started Plan A: 1/8/2010 Found MB: 1/13/2010 Ended it with OM: 1/22/2010 ??? Filed for Divorce: 4/9/2010
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Joined: Nov 2009
Posts: 2,888
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I am not a lawyer (but there are several who post here), but it seems to me that she is in effect, abandoning the marriage. In that case, you should not be obligated to support her. Your obligation is to maintaining a healthy marriage with the two of you living together by mutual agreement. According to The Divorce Source, The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court's discretion.
In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is payable either in gross or in installments, the court shall consider all of the following factors: (a) The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed (b) The relative earning abilities of the parties; (c) The ages and the physical, mental, and emotional conditions of the parties; (d) The retirement benefits of the parties; (e) The duration of the marriage; (f) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home; (g) The standard of living of the parties established during the marriage; (h) The relative extent of education of the parties; (i) The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties; (j) The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party's contribution to the acquisition of a professional degree of the other party; (k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought; (l) The tax consequences, for each party, of an award of spousal support; (m) The lost income production capacity of either party that resulted from that party's marital responsibilities; (n) Any other factor that the court expressly finds to be relevant and equitable. (Ohio Code - Sections: 3105.171) See a lawyer if you want to be 100% sure.
Preach the Gospel every day. When necessary, use words. St. Francis of Assissi
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Joined: Feb 2010
Posts: 1,513
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I am not a lawyer either, but in most states what she's doing - if she does it for a year - is abandonment. You can file for divorce on those grounds; however, it may not remove your obligation to provide spousal support. Click here: http://www.divorcenet.com/states/ohio/ohfaq02
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