QUESTION

We are in mediation for divorce. Husband is attempting to avoid maintenance. What is the risk if we just stay married but live separately?

Asked on Aug 21st, 2015 on Divorce - Wisconsin
More details to this question:
My husband is claiming emotional stress (depression) and old age (he is 71, 12 years older than me) in an attempt to get out of maintenance. He has run up credit card debt so I was anxious for the divorce to be finalized. However, now that he is road blocking, I am wondering what is the risk if we just stay married and live separately (maybe file for legal separation). If he dies before me, I stand to inherit our condo, get his social security and maybe pension.
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
if you are in the middle of the divorce, you cannot just unilaterally drop the divorce or amend to legal separation; any such changes would need to be mutually agreed upon and approved by the court. If you both decide to reconcile and stay married you will not be able to seek a court order for your husband to support you, if there is no pending case; while you would have a right to receive the jointly held assets and 50% of his solely owned assets, if any, if he lives to 90 years or so and you live apart, you would be doing so on your own; you need to weigh that outcome with completing the divorce, obtaining 50% of the estate, continuing to try to get spousal support, and moving on with your life. You would benefit from sitting down with an experienced family lawyer to weigh all your options, before making any further decisions.
Answered on Aug 22nd, 2015 at 4:24 PM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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