How can I leave my marriage without money or a job?

Full question:

I am married to a man who is worth approximately 10 million dollars. We have a prenuptial agreement and a postnuptial agreement. The houses, cars and all bank accounts are in his name. I have no access to any money and am given a monthly allowance for food. How do I leave my marriage with no money, credit, or job? I don't even have enough from the monthly allowance to get an apartment for myself and my 9 year old son, let alone pay the minimum $10,000 retainer fee required to hire an attorney. What do I do?

  • Category: Divorce
  • Subcategory: Property Settlements
  • Date:
  • State: Arizona

Answer:

Alimony, or spousal support, may be available to help you after divorce. It is designed to prevent a spouse from living below the standard of living established during the marriage. Courts consider several factors when determining spousal support, including:

  1. The standard of living during the marriage.
  2. The marriage's duration.
  3. The age, employment history, earning ability, and physical and emotional condition of the spouse seeking support.
  4. The other spouse's ability to meet their needs while supporting the requesting spouse.
  5. The financial resources and earning abilities of both spouses.
  6. The contributions of the requesting spouse to the other spouse's earning ability.
  7. Any sacrifices made by the requesting spouse that affected their income or career.
  8. The ability of both parties to contribute to their child's future educational costs.
  9. The requesting spouse's financial resources, including any marital property allocated to them.
  10. The time needed for the requesting spouse to acquire education or training for employment.
  11. Any financial misconduct by either spouse.
  12. Health insurance costs.
  13. Any damages from criminal conduct affecting either spouse or child.

In Arizona, when children are involved, the court will automatically issue temporary orders for child support when a divorce is filed. Child support is calculated using the Income Shares Model, which considers both parents' incomes.

The court will distribute community property equitably, without regard to marital fault, after identifying each spouse's separate property. Community property includes assets acquired during the marriage, such as money, bank accounts, and vehicles.

If you have a prenuptial or postnuptial agreement, the court must accept it unless it's deemed unfair, except for custody and support matters.

Litigation can be costly, so it's often in your best interest to negotiate terms with your spouse or seek mediation. If you choose to represent yourself, ensure you follow all legal procedures and file documents correctly. For assistance, consider consulting an attorney, as they can help you navigate this process effectively. Users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, pre-marriage assets are generally protected by a prenuptial agreement. This agreement outlines which assets belong to each spouse prior to marriage and can help prevent these assets from being divided during a divorce. However, the enforceability of a prenup can depend on various factors, including fairness and full disclosure at the time of signing.