Legal Question in Family Law in Alabama

wife leaving/alcohol/money concerns

I am afraid my wife of almost 14 years wants a divorce. She has said that she only loves me ''as a friend'' but not ''in love'' with me anymore. She says she will move out as soon as she saves enough money. She stays up drinking hard liquor every night with a male friend (she claims nothing going on, but I suspect otherwise), and has gotten violent with me once. She frequently spends out of my account without regard to the balance or bills due, causing overdrafts. How would it reflect on me with regard to future divorce proceedings if I removed her access to the bank account now? She has a job but spends all her money on herself; I pay all bills. I am afraid of her cleaning me out when she leaves. I am also wanting to limit her access to funds for the purpose of buying liquor.

Will these circumstances have an affect on any alimony I may have to pay her?


Asked on 5/11/09, 9:04 pm

1 Answer from Attorneys

William Pfeifer Pfeifer LLC

Re: wife leaving/alcohol/money concerns

It sounds like you have a difficult situation on your hands, and there are several legal issues that need to be explored privately with an attorney. However, my initial reaction is that you need to start taking steps NOW to protect yourself. If she is not handling the bank account responsibly, open another bank account at a different bank and start keeping most of your money there. She will clean you out when she leaves if she has access to the money, so protect your savings now before she spends it on booze and her new boyfriend.

There are many factors that go into determining whether one party has to pay alimony to the other one. It sounds like your starting point should be that you don't owe her any alimony. If she has a job and her own money, there is no reason for you to supplement her alcoholism. Just being married to a woman does not automatically put you on the hook for paying alimony to her. There are many factors that go into determining whether you would have to pay her anything.

I would encourage you to go see a lawyer immediately, even if you are not ready to file for divorce. You need to find the best divorce lawyer you can afford, and start preparing for the divorce trial that is coming your way. Unless your wife would agree to marriage counseling and would seriously try to fix your marriage, the divorce is coming soon. Rather than wait for her to catch you by surprise with her taking all the money from the bank and changing the locks on the front door, take steps to build your case now. For example, an attorney could have a private investigator take some photos of her with her "male friend" to demonstrate that this is more than just a friendship. You could also start documenting her alcohol consumption, her hours out, her spending habits, the amount of money she has cost you in overdraft fees, etc. She is already making her plans for how she will leave, so you need to be doing the same thing.

Our firm handles divorce cases. If we can be of assistance, please feel free to give us a call. Good luck to you.

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Answered on 5/11/09, 10:41 pm


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