David,
I know of no bright-line bar to the request for alimony with your facts; the alimony statute lists many factors, but the weight they are given depends on the specifics.
However, your chances for success are something else. The supported spouse will seek to have income imputed to the supporting spouse equivalent to the most recent income. You want the reverse. If the supporting spouse is making bona fide efforts to obtain new employment, and he or she is closing in on retirement age and is unfairly "aging out" of some opportunities, the end result is probably between the two extremes.
Regards,
Ed
* * *
Edward J. Zohn, Attorney at Law
Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059
908.791.0312 voice; 908.660.4866 fax
"Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto
www.zohnlaw.com
Original Message------
This one comes up a lot, including at an ESP this morning, and no one knew "the answer."
Long term (23 years) marriage. A supporting spouse loses job (no fault involved, layoff) while divorce complaint is pending. After 15 months and exhaustive efforts, no new job.
Can the formerly-supporting spouse now seek alimony from the formerly-supported spouse? This comes up every now and again, and I've never seen a solid resolution to the question.
Is there a case (or any other authority on it)?
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David Perry Davis, Esq.
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