QUESTION
Am I entitled to financial help by my husband whom I am separated from, but not legally?
Asked on Jan 30th, 2026 on Divorce - New York
More details to this question:
I am separated from my husband of 38 years, however, we are still legally married. I am employed and making minimum wage, and have a multitude of health issues, including being currently in remission from cancer. I live with my adult daughter, and my husband decided to give some money to her on a monthly basis, and states that that is his way of helping both of us out. Also, if we remain married, am I entitled to any of his retirement/pension? He will retire in 2 years.
1 ANSWER
Property Disputes Transactions Attorney serving Lake Success, NY
Partner at
Vishnick McGovern Milizio LLP
3 Awards
You are entitled to spousal support/maintenance. However, you must file for divorce in order to have a court order that would require him to pay you. You are also entitled to a marital portion of his retirement/pension. You would have to have a court order in order for you to receive your share.
You may be entitled to other equitable distribution as well.
You should contact myself or another experienced divorce attorney to have a full consultation.
Answered on Feb 03rd, 2026 at 12:36 PM