Alimony

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Caerdwyn

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Hello. Perhaps you guys can help me sort through this situation.

A friend of mine recently divorced after 16 years of marriage. The reason behind it was that her husband fooled around with another woman a few years back and their marriage has been hell ever since. Finally they got their divorce, my friend (the wife) moved into a house paid for by her share of the settlement. There was no stipulation for alimony or child support (the husband has the kids).

This was two years back. My friend has since been diagnosed as having basilar artery migraine (I think I got that right) that plays havoc with her brain. It has left her largely unable to work a steady job, not to mention she was a solid housewife for 16 years (fresh out of high school) and never learned a trade. Her ex-husband still has the kids and is making about $50k a year at his current job.

My friend feels she is owed alimony due to the state she has been left in. According to Utah law, she can sue for alimony if her circumstances have changed to where she cannot support herself, and she has filed with a lawyer. My overall question is... can she win a case like this?

Her husband has proven to be a jerk in general, though he may want to avoid court costs and settle on an alimony payment. My friend's lawyer suggested that she mediate with her ex about this and come to a decision outside the courts, but recent communications from the ex led my friend to simply file the lawsuit without mediation. He's still being a jerk.

As much as I'd hate to see my friend live off alimony, she needs -something- to settle her debts and keep herself afloat while she picks up odd jobs and works towards recovery. Her medication is not covered (no insurance) and her expenses have been paid out of a home equity loan. She's really in the hole. I've been able to help her a bit, but I'm 3,000 miles away and am paying for my own living expenses.

What are her chances? Could her ex, in retaliation for the alimony suit, try to get child support from her, a woman with a brain disorder, no job, no money, living in what could be considered a shack on the edge of the desert?

Any thoughts?
 
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