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Wife claiming mental illness as reason for support in New York Divorce

Discussion in 'Alimony & Spousal Support' started by newuser2015, Jan 28, 2015.

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  1. newuser2015

    newuser2015 Law Topic Starter New Member

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    Hi -

    I have been married for 7 years with my wife in New York State and we could not make it work.

    - I left our residence in November 2013 and in the same month she sought a psychiatrist and started taking anti-depressants.

    - She quit her job in December 2013 with the hopes of finding a better job (she claimed she did not get along with coworkers)

    - We stayed in communication but it all stopped in February 2014 when she filed for divorce with a restraining order against me.

    - After she filed for divorce in February, she admitted herself in a mental hospital in March claiming that she was suicidal but then denying it. (She was there for about 4 weeks).

    - Is claiming full support maintenance from me in divorce due to her mental illness.

    1) Does anyone have experience with the probable outcome on these sort of cases?
    2) Her lawyers are seeking full permanent spousal support based on her zero income. (In her last job she was making 60K and I was making 90K). Does it seem like I will have to pay her permanent alimony in NYS because of her condition?

    Here is a brief background of our marriage.
    During our marriage, my wife shared with me that she was molested as a child by her stepfather and she saw a therapist here and there before we met. She said it was the past and it was her motivation to finish school together and be successful.

    She registered in school a few times and then dropped it altogether. I struggled hard but finished school while working as I have two children from a previous marriage I was responsible for. (My current wife and I do not have children).

    She decided to see a therapist regarding her childhood issue to determine if it was affecting her motivation to finish school and perform better at work.

    Unfortunately, as mentioned above, we could not make it work.
  2. army judge

    army judge Super Moderator

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    Being married to you for seven years won't allow her to hit that spousal support jackpot.
    You might be required to assist for a short period of time.
    You need to make three to five appointments with family law attorneys in your county.
    The first visit is normally given free of charge.
    Prepare a list of questions, and use the 20-30 minutes you'll be allocated to educate yourself.
    Whatever you do, beg, work, or borrow the money to hire a lawyer.
    If her lawyers make a case, you could be ordered to pay emergency spousal support for six months, maybe longer.
    At least investigate your rights, your risk, your options.
    Losing this isn't some silly $200 fine. You're at risk for taking a real financial hit and possibly paying her eager, zealous attorneys.

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