If a couple was married but only lived together for 9 months and were separated for 8 1/2 years, what would the spouse be entitled to in a divorce settlement?
Question Details:
Married and lived together 9 months but have been legally separated for 8 1/2 years. She wants some monies from my pension, 401K plan and stocks that I have at the company. I worked for 24 years. She and I continued to go back and forth; I refused to give her anything. Finally I offered her $5000 just to end things instead of fighting in divorce court. If it goes to divorce court, will the judge grant her monies from my assets?
Divorce, Marriage, Alimony Law Answers
You indicate that you have been "legally separated", Does that mean there is a Court order in that regard? If so , it will govern. If not, or the order is not specific on these issues, then she can make the claim because its all up for grabs so long as you are married. The fact is though, there is ample case law to support an equity argument that her claim should end once the parties went their separate ways. If you need assistance or more information please call . (586) 268-2400.
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