If your spouse has lived in another state for 3 years but you are not legally separated, are you still considered married?

Are your assets frozen at the time of separation (not legal separation)? Can the earning spouse dictate how much money the other spouse receives?

Asked on July 12, 2015 under Family Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are not divorced or legally separated, you are still married: the law does not care what your living arrangements are or whether you even ever see each other. You are married until you take legal action to change that situation. The earning spouse cannot by law dictate what the other spouse receives, but if he or she does not deposit money in a joint account, he or she will effectively control it.

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