Legal Question in Family Law in Utah

I am a female age 49. I have been married for 26 yrs. During most of the marriage, both my husband and myself worked full time. Approx 14 yrs ago, my husband was hurt on the job. He has had numerous surgeries on his neck & back. During which time, he would attempt to go back to work. In 2003 he had neck surgery and had a cage/brace thing (sorry can not think of the medical term right now) put it to help fuse the disc. In 2004 the screws broke. This caused much concern with the tips of the screws so close to the spianl cord. Doctor would not allow him to return to work. Long story short, the temp disabitlity ran out. After several years husband finally is receiving perm disability. He is an alcoholic (quit for 20 + years) He has become addicted to the pain meds and muscle relaxers. Over the last 7 yrs this has been an on going issue between him and I. He has lied and continously gotten different doctors to prescribe meds. About 5 yrs ago (before perm disablity kicked in) our kids and I convinced him to seek help. He went through an out patient treatment. Slowly over the last 2 years he has regressed. He is back to taking too many meds and now has decided to start drinking again. I am at my ropes end. I have asked him to move out. He keeps telling me if he moves out, he will take me to court and I will have to pay alimony. I do not like being threatened this way, I do not like enabling him to stay sick, and I am worried that I will end up losing my house, car, etc. If I have to pay for him to stay sick. Is there any law that says, Yes I have to support him or any legal way I can seperate without fear of losing everything? I have paid for everything for so many years...even the house is in my name only because his credit is so bad. Please let me know if there is anything I can do.


Asked on 8/09/12, 9:12 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Answer this question: Do you want to continue to live as you have for the past few years?" If the answer is no, then you have to change your life. The easy solution is to file for divorce and require him to leave the house. Whether or not you have to pay support cannot be decided without more information. But if you do not want to continue to live as you do now, you will have to take the risk that you may have to divorce him even if you have to pay some support. Even if you have to pay some support, it might be better to do that than continue the way things are now.

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Answered on 8/09/12, 1:06 pm


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