My spouse remarried without divorcing me first

UPDATED: Oct 2, 2022

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My spouse remarried without divorcing me first

We were married for over 32 years, seperated
after 3, no divorce I plan to retire in a
couple months, what is he entitled to.

Asked on October 30, 2019 under Family Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First, you are still married and are still legally the spouse: the "marriage" to the second person is void since you cannot marry person 2 while still married to person 1. That means that if there is no divorce, if you spouse passes away and you become aware of that and challenge the new "spouse" inheriting, you may be entitled to inherit.
Second, there is no simple answer to your question. Generally, in a divoce, you are entilted to 1/2 (more or less) of anything earned or acquired during marriage other than anything inherited by or gifted to your spouse. You may entitled to spousal support (alimony) if your spouse earned more than you, but if you earned more than your spouse, you may be the one who has to pay alimony. The answer to your question depends on your specific circumstances, so consulting with a divorce attorney is a very good idea.
If you don't divorce, you are not "entitled" to anything, since the courts don't get involved in a marriage unless there is a divorce case--i.e. without a divorce, there is no ay to make your spouse pay anything or give you any share of assets.

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 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.

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