Legal Question in Family Law in Illinois
Abandonment in relation to property division
I have been separated for 11yrs. My husband decided to
move out cause he was having an affair and is still out. He has helped me out financially all this time. In the event of a divorce, could I be granted a larger part of our holdings because of his leaving me? Is this abandonment?
1 Answer from Attorneys
Re: Abandonment in relation to property division
In a divorce you would be entitled to a share of the marital property, usually one-half. In the case of separation, determining the marital property can be problematic. You would not automatically be entitled to more than one-half because of the abandonment. You don't indicate whether there are children. Support becomes an issue. Because of the abandonment, you may have a case for alimony. For a specific answer, you are advised to consult with a local family law attorney who can consider the specifics and advise you of legal options and rights.
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