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


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.

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