Legal Question in Family Law in Virginia

Not Divorced

Me and my husband are not divorced, but have lived apart for 5 years, not even filing taxes together. He is now buying a big expensive house and I wondered, even if it's in his name only, could I get half? We were married 20 years when we separated and he's retired Navy. He continues to cover me on his health insurance. What are my rights?


Asked on 4/08/09, 9:29 am

2 Answers from Attorneys

Lisa McDevitt McDevitt Law Office

Re: Not Divorced

Good morning, the answer to your question is it depends. If the money he used to purchased the house is from funds he collected during the marriage then that is marital property to which you are entitled to a share. You are entitled to a share (possibly 50% but it depends) of all property and money accumulated during the marriage, even if from his salary because that is marital property. This is also true of his military retired pay. You are entitled to a share of that payment. Your husband is required by law in Virginia to carry you on his health insurance until a final decree of divorce is entered. You should really consult with an attorney because you may also entitled to alimony.

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Answered on 4/08/09, 9:50 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Not Divorced

You might have a marital claim to part of this house if the funds which were used to purchase it were derived from marital funds or other assets which were accumulated during the course of your marriage.

You should also be exploring(if you haven't already) as to what part of your husband's military pension you also might have a claim.

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Answered on 4/08/09, 9:51 am


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