My marriage failed due to infidelity on his part and even though I tried for 13 years to save it I never received intimacy through out it all, and I really mean no touching at all, now I found out that he was seeing someone else and I couldn't stay by him for he also became emotionally and verbally abusive. Now I want a legal separation and I need guidance in that direction, I barely worked because he said that he wouldn't let me work outside of home. We did our taxes jointly and now I want to know if I get half of his retirement which we are supposed to sign papers on the 26th of November to start getting them on January, please help me out here it would be greatly appreciated... thank you kindly
Dear Anonymous:
Although a number of states permit legal separation, Florida is not one of them. In other words, there is no such thing as a legal separation. You can either stay married or divorce. Sometimes couples do a post nuptial instead of a divorce, but without more detail this cannot even be addressed.
Also, as to your husband's retirement, if it was all earned during the marriage, then typically the asset is split in half. However, not knowing what type of retirement plan it is (pension or 401K type), without knowing what other assets and liabilities there are in the marriage, and not knowing what the papers say, I cannot advise you to sign or not sign papers.
Because this may be a significant source of assets and/or support in your marriage and possible divorce, I would urge you to speak with a lawyer before signing anything. You would need to get, at a minimum, copies of the papers your husband wants you to sign for the lawyer to review. Once the papers are signed you may not be able to change anything so get the advice in advance.
Best of luck,
Cindy Vova
Law Offices of Cindy S. Vova, P.A
Broward/Boca Raton
954-316-3496/561-962-2785
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