Am Ientitled to my husband’s assets if he remarried but we haven’t divorced?

UPDATED: Dec 6, 2011

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Am Ientitled to my husband’s assets if he remarried but we haven’t divorced?

My husband and I have a 14 year old daughter. He now lives out of state. He has no contact with either one of us by his choice. I have recently found out he has remarried, possibly while he still lived in here. She is on his health insurance and I’m assuming they file taxes together. He has a good job. No we have never been divorced. My only income is SSI and if he pays child support. What are my options? Am I or my daughter entitled to anything? What are my legal rights?

Asked on December 6, 2011 under Family Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Speak with a family law attorney about how to vindicate your rights--because you should have significant rights here. The fact is, your husband is NOT remarried, not if you and he never divorced. No one can be married to more than one person at a time in U.S. law, so if your marriage was still in effect--even if you no longer shared your lives--then he is still *your* husband and his new wife would just be a live-in girlfriend or significant other. Legally, you should therefore be the one with all the rights of a spouse.

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