spousal support

[axfcafkaf]

i have been married for 4 1/2 years --my husband and i have been going thru some rough times for the last year--currently i'm the only source of income b/c my husband has been off work for 4 months due to a back injury--he has made little effort to find a job, therefore creating a lot of stress on our relationship--i've been considering a legal seperation/divorce--my quesiton is this--if he IS capable of working and choosing not to, what kind of financial support would i have to give him? also, i was named in a will recently--would he be eligible for half of the inheritance?
thank you so much
carrie

part 2--i'm adding the info that i currently reside in Ohio--also we have a 1 year old--how would custody be determined?

 

[dorenephilpot]

What state you're in will matter, of course, but I'll answer only in terms of Indiana law.

It's possible you might be ordered to pay some sort of spousal maintenance. However, if you can show that he CAN work and simply is choosing not to, then his chances of receiving $ from you are less.

As to your inheritance, again, I can answer only in terms of Indiana law:

If you receive money or property, do NOT comingle it. Why? Because if you comingle it, then it could be construed as part of the marital pot and can be split by the court as such.

What does comingling mean? It means mixing the inherited item(s) with the marital assets.

For instance, if you inherit $10K, do not stick it in a joint account (one with both of your names on it). Go put it in a new, separate account and do NOT use it to pay marital debts.

If it's a home or car that you're inheriting, don't put his name on the title.

Hope this information helps!