My boyfriend has technically been married for 16 years, but has been physically and emotionally separated from his wife for 11 of those years. Both have lived separate lives and have lived in separate homes. They share a son (reason why they married). Only reason they remained 'married' was for her to retain his health insurance as she had a pre-existing condition and mental issues.
We now want to get married and he's looking to divorce her. Will the court consider the marriage ending after the 5 years or look at 16 years? And will she be able to get any of his individual assets or future pension when he retires? There was no written separation.
1 Answer from Attorneys
If they are still legally married, he has a lot of exposure to her making claims for a lot of the items you mention, plus others that he may not even be considering right now (alimony and other financial matters). He should speak to an attorney as soon as he can. I'm not sure where you're located, but my office is in Silver Spring. I'd be happy to set up a consultation if he's interested in obtaining legal advice. My office # is (301) 592-1295. -Kate McDonough