What to do if a wife has stopped paying health insurance and partial rent?

Married 20+ years; living separately 7 years. Wife is leaving the state and stopping all support and rent. Husband is being evicted..

Asked on November 28, 2011 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The husband should divorce the wife, or at least explore that option. While they are married, the law does not impose support obligations on a spouse--that is up to the spouses to decide who pays what. (Note: if there are any contracts or agreements requiring certain payments, it may be that those can be enforced--if there was one, the husband should discuss it with an attorney to see what his rights may be.) However, in divorce, a spouse who was supported in whole or in part can seek spousal support (e.g. alimony) and also a share of the marital assets (e.g. bank accounts, brokerage accounts, vehicles, property). The husband should consult with a matrimonial or divorce law attorney.


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