QUESTION
Am I legally entitled to anything if my husband just decides to leave me?
Asked on Sep 01st, 2011 on Child Custody - New Jersey
More details to this question:
I have been married for 18 years and my husband wanted me to be a stay at home person, take care of home and him so I did. Now I am having medical problems, seeing lots of doctors and it is very stressful on me. I can barely keep up with the medications and appointments. He doesn't care and is very cruel to me and so we argue a lot which is worse on me. He packed a few bags two days ago and left me. No car, no money, nothing. He came back yesterday because our adult daughter called him and told him he had better to take me to my doctor appointment, so he did and he did not speak one word there or back. He came yesterday and let me know that after 18 years he was getting himself a place and telling our landlords he was giving them 30 days notice so I better be finding me a place to live. I have no car, no money, no job. I am 55 years, under doctors' care. He said he has looked into AZ law and I am not entitled to nothing. It is not considered abandonment as we have no children at home. He has a good job he has been at for 18 years. And he is retired USAF. I am really afraid at this point and don't know what to do? How could we be married for that many years and he can make a decision like that and call our landlord behind my back and have me out on the streets?
13 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Is this an AZ or CA question?
Answered on Jul 09th, 2013 at 1:42 AM
Glen Edward Ashman
Get a lawyer immediately and sue him for appropriate relief.
Answered on Jun 11th, 2013 at 1:16 AM
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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If you have been residing in Washington state, then Washington would have jurisdiction over your legal separation and dissolution. Washington is a community property state. In general, property acquired during the course of your marriage will be considered to be community property regardless of under whose name the title is listed. You might also be eligible for maintenance. It is unclear why your husband thought that Arizona law would apply to your situation. I would suggest that you contact an attorney immediately.
Answered on Sep 06th, 2011 at 2:30 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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File for divorce and seek temporary orders for spousal support, etc.
Answered on Sep 02nd, 2011 at 7:13 PM
Steven D. Dunnings
If you are in Michigan, you need to file for divorce immediately, before he files in AZ. In Michigan, based on the length of your marriage, your current health status and how it affects your ability to obtain employment, and the fact that you did not work during the marriage, you are entitled to at least have of the marital estate (including pension) and probably spousal support. If he files first in AZ., then AZ. law will control the divorce.
Answered on Sep 02nd, 2011 at 11:20 AM
Roianne Houlton Conner
You could be entitled to alimony. You need to talk with an attorney.
Answered on Sep 02nd, 2011 at 9:54 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Whether Arizona or Ohio, you need to see a domestic relations attorney NOW. In Ohio he will likely be compeled or pay some of your expenses.,
Answered on Sep 01st, 2011 at 8:43 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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Your question came up under Arkansas but you mentioned AZ law. If you are in Arkansas you are entitled to alimony, and since he prevented you from working you should also ask for one-half of his Air Force retirement. Because you did not work you did not pay into Social Security which means even if you could work now you would only have ten years to pay into it and what you receive will be based on the amount you earned. I would assume that your medical is now covered with Tricare or similar government related health insurance. You should ask that he provide health insurance for you as well. You should be putting together a list of assets and debts immediately and of course you should retain an attorney. As to your landlord, if you can handle the rent I would inform them that you do not intend to vacate and therefore the notice was not with your consent.
Answered on Sep 01st, 2011 at 8:22 PM
You really need to consult with qualified family law counsel. Half the military retirement that accrued during the marriage, plus any other pension benefits accrued during marriage, at minimum, should go to you. There is also a question of spousal support.
Answered on Sep 01st, 2011 at 8:14 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Yes, there are many things that you are entitled to. But, until there is a divorce case filed, there isn't much you can do to either identify those things or enforce anything. A divorce court will require decisions on how to divide up marital property, who pays what debts, whether he has to pay you alimony and, if so, how much and for how long. If you and he cannot agree on those things, a judge will decide them for you. It isn't clear why he is looking at AZ law but he is clearly wrong. You will be entitled to a share of the marital property and may be entitled to alimony. In some respects, because AZ is a community property state your entitlements to property, including his Air Force retired pay, may be even more generous than in Colorado or some other states. Since you don't say where you are living, it isn't possible to be more specific so you need to consult an attorney in the county where you are now living to find out more about how to begin a divorce case.
Answered on Sep 01st, 2011 at 8:05 PM
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Under Louisiana law, your spouse could be held liable for criminal neglect of family for failing to support you until at least the divorce was final. You may have support rights and property rights under Arizona law; you should consult an Arizona attorney immediately.
Answered on Sep 01st, 2011 at 8:01 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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He is wrong. You should file for divorce right away and obtain a court order for spousal support.
Answered on Sep 01st, 2011 at 7:59 PM
Gary Moore
You entitled to share in any pension benefits earned by him during your marriage. More than ten years of marriage in which you were totally dependent on him entitles you to permanent alimony payments by him to you. As for your medical bills he will be required to help with those bills.
Answered on Sep 01st, 2011 at 7:47 PM