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Wife files for divorce, cites husbands prison term

There are as many reasons why people divorce as why people decide to marry. However, sometimes the reasons cited for divorcing a spouse can play a major role in everything that has to be dealt with afterwards, such as alimony and child support. Pennsylvania couples divorcing may want to follow the story of how a divorce involving one spouse's criminal record is playing out.

A wife has filed for divorce based on the grounds that her spouse is serving time in prison for a felony conviction. She is ultimately asking for alimony, along with a lump sum. She notes that his sentence in prison is a primary reason for the split. He is currently in federal prison serving a sentence for a bribery and extortion conviction.

The husband in this case has filed a counterclaim and seeks support based on a claim of abandonment. He also filed a claim asking that his wife be stopped from harassing him. The two married in 2002 and are childless.

Both sides in this divorce case are seeking spousal support. The husband who is serving a prison sentence will be jailed for just under 10 years and may not have the income to pay spousal support. However, his current assets or past earnings may be enough for spousal support payments to be allotted. If the wife is ordered to pay support, that may have to be handled through a third party or institution while the husband is in federal prison. If a Pennsylvania spouse is currently or soon to be jailed and possibly responsible for future spousal support payments, they may want to follow this case to gauge just how payments can be allotted based on assets or if the jailed spouse can still receive payments while serving a sentence.

Source: Virginia Gazette, "Wife of former delegate Phil Hamilton files for divorce," Amanda Kerr, May 21, 2013

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