What can I expect from breaking off with my fiance after 16 and 1/2 years together, 3 children a house and 2 cars?

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What can I expect from breaking off with my fiance after 16 and 1/2 years together, 3 children a house and 2 cars?

Asked on November 9, 2011 under Family Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) Anything which you own jointly (e.g. a home, either/both of the cars, a joint bank account, etc.) is half yours. You have the right to be paid the proper value for your share, and if you and your fiance cannot voluntarily work out how to share, split, etc. these assets, you can go to court to enforce your rights.

2) If your children are still minors and you get custody of them, you are entitled to child support.

Unfortunately, the above may be all that you are entitled to. "Fiance" is not a relationship recognized by the law; it does  not give you any rights. Being married is a legal relationship, which conveys rights; being engaged is not and does not.

Sometimes, having lived together for many years may provide some right to support, but that is more the exception than the rule. In a very small number of states, people who have lived together for a long time while holding themself out as husband and wife (if you did this) would be considered to have a common law marriage. Since these rules vary by state, you should consult with a family law attorney to see whether they benefit you, and also to understand issues of child custody and support.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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