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Can I stop paying my spouse’s rent since we are going through a divorce but it’s not final yet?

Q: I have been paying the rent since we got married, and we have three kids, but I can no longer afford all of the rent because she has filled for child support. Is it illegal for me to stop paying the rent and should she should be forced to chip in even if she doesn’t work, we are still married and the divorce isn’t final yet.

A: If your name is on the lease, then the landlord could sue you for the back rent. Moreover, depending on your incomes, its possible she may file for spousal support (i.e., maintenance) if you withhold the rent money. You’re well advised to have a full assessment done by a Bronx Family Law attorney.

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