I supported my unemployed husband for nearly 6 years, then in 2007, was forced to file bankruptcy (separately, not including him), to get out of $40k of debt. . My 10 year old daughter and I moved in with relatives. He only owned the clothes on his back, but finally became gainfully employed. We never were legally separated, just lived apart. I’ve lived with the bankruptcy on my credit report for 10 years and he rebuilt his wealth. In 2013, when I lost my job, my daughter and I moved into his privately purchased 500k home (separate quarters). We have not lived as husband and wife since 2004.
He wants me to move out now (daughter is moving out next month). He doesn’t believe he should have to support me in any way. I am employed but can’t afford to live on my own without some assistance. We’ve been married 28 years and I am 62. Am I entitled to anything? I want to be fair, but not stupid.
Generally speaking, all property acquired during a marriage is considered community property, regardless if you were living separate because you were not legally separated. Thus, you may be entitled to half of the assets acquired plus spousal support. In a situation where married couples have been living separate and apart, then one spouse may have an argument that the other is not entitled so any support or a reduced share of assets however property division in these situations can become very complex and require meeting with an attorney to address all exceptions to the general rules.