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Law Offices Of David Bliven
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Can I have him removed from the home? As the main breadwinner, will I have to pay alimony?

  • By: David Bliven
  • Published: February 7, 2024

Q:Seeking divorce: I am the wife and principal bread winner. Husband is a cocaine addict and I just discovered he is selling drugs from our home. We’ve been estranged, living in separate rooms 5+ years. I’m under cancer care for the last two years. Our child is over 21 but still lives at home. She’s a 1L in law school. I’m tired. Can I have him removed from the home? In addition, will I have to pay alimony?

A: If you anticipate your Husband disputing that he sells drugs, you’d need proof – thus, pics, videos, admissions caught on audio, etc. Then if he doesn’t agree to move out, you’d need to file a motion for exclusive occupancy. As for spousal maintenance, here’s a calculator to figure out the presumptive amount: https://www.nycourts.gov/LegacyPDFS/divorce/calculator.pdf. That said, you should call a Westchester Divorce attorney to schedule a consult for a full assessment.

David Bliven, Esq.

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