If my husband and I have been separated for about 11 years but we are not legally separated or divorced, what am I entitled to?

He has been depositing funds into my checking account for years to help with expenses; there is no child or support order. He has suddenly stopped since our daughter graduated high school. If I pursue divorce, am I entitled to support and or half of the 401K and SS? Or would it be dumb and expensive to now ask for it?

Asked on June 20, 2012 under Family Law, Washington

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You don't have to have legal separation to be considered separated.  This means that you were living separate and apart with no possibility of reconciliation.  The support he gave you probably should have handled through the court system since he would have been required to pay child support at minimum for your child who was a minor. At this point, you can seek a portion of his retirement from the time you were married and not living separate and apart. The child support..you can try to obtain monies for college but that might not be successful. The retirement monies you should try to seek.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.