If my husband andI have been separated for 15 years but are still legally married, is he financially responsible for me?

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If my husband andI have been separated for 15 years but are still legally married, is he financially responsible for me?

Asked on August 11, 2011 Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Every state's divorce and marriage laws are quite different, but ultimately and generally speaking, the issue comes down to whether or not you and your spouse have been living separate and apart with no possibility of reconciliation. If you have been separated and living and separate and apart and haven't made actions in the past 15 years to reconcile, then the court will determine that your incomes are separate from the date of separation (those two factors above) and your spouse's income from that point of separation would not be something that you would have an interest in. So in terms of financial responsibility, if you are still his beneficiary, then really there is nothing to worry about. If you are concerned about his retirement accounts and you do wish to get divorced, those items will be addressed during the divorce.


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