Question #89

My parents have been married for 32 years. They are miserable and should have been divorced 30 years ago. They stayed together for my brother and I. My father was emotionally unavailable and verbally abusive our whole lives. My mother wants to leave him but is fearful of how she will win a divorce case with him. She inherited money from her father that is left in her name only. She could survive on this alone but is fearful he will take it in the divorce. How would this work, and how can she be protected. She is 60 years old and scared. Any advice would help us. Thanks.
 

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Question #97

I am due to inherit (as a beneficiary on bank accounts and as Trustee of a Family Trust) a large sum of money upon the death of my mother. Naturally, I’m writing because my marriage is looking more and more like a ship off course. My question: Should I inherit the monies mentioned above, keep them in accounts only in my name (perhaps my children’s names as well), and keep a paper-trail showing the money was inherited, will it be safe should a divorce ensue – even several years from the date of inheritance?

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Question #140

I and my wife live in Virginia. We have two underage children, and we own our own home. I have several questions. I want to pursue having a legal separation. My wife and I don’t have any animosity toward one another, so we want to do this as cheaply as possible, but we do want to ensure our separate interests and our children’s interests are protected. I will be moving out of our joint home (as a residence), but we still want me to maintain joint ownership of the home (as property). Is this possible? We really don’t want to sell our home because we want my wife and the kids to continue to live there. The home is my primary investment in my future, and I don’t want to give it up, and my wife is okay with this. Neither of us can afford to buy our share of the home from the other. I am bisexual and will likely pursue an intimate relationship with a man after my wife, and I are legally separate. My wife understands and accepts this. But, if I did so, would I be violating a legal separation agreement? One of our goals for the legal separation is to explore this area of my life. If a legal separation prohibits sexual contact with another person (in my case, a male), what do I do? Finally, I am in the will of an elderly relative to receive a small inheritance. It seems greedy, but my wife has more resources than I do, and I would like to see that I receive the full small inheritance when that time comes. Would a legal separation ensure that it would come entirely to me, or would I still need to split the small inheritance with my wife? I want to do what’s right, but given my financial circumstances, I’m not in a position to do more than what’s right. 

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Question #309

Am married to my husband in New York City for 23 years. We’ve lived apart for 22 of those years. We do not have a legal separation agreement. We file our taxes separately. We have a 23-year-old son. I do not have assets, just debt. I recently came into a financial windfall, is he entitled to half of this money? Can I go to a lawyer to have a postnuptial agreement that will award him some money but nowhere near what he would get if we went to court? If he accepts this agreement, can I also stipulate that he has no claim to anything else from me or whatever I may give to our son? He’s not a bad guy, just a deadbeat. He supported my son for the 1st 15 years of his life. That money went to education only. I assumed all other responsibilities. 

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Question #325

Hi, I am hoping you can answer a question for me. First, a brief history. My husband and I had four children and separated after being together for 19 years (married for 17). We have been separated for 18 years and are finally getting a divorce. I see in the papers (he sent over for me to sign) it mentions his retirement fund being his separate asset and that maintenance was not ordered. Before I sign these papers, I am curious and would like to find out if I am entitled to anything considering how long we’ve been separated (not legally separated). By the way, I live in Washington State. I would like to know if I would be entitled to spousal maintenance, part of my husband’s retirement fund, or inheritance he just received due to his mother passing away. Any advice you can give me is greatly appreciated. Thank you for your time and have a wonderful day.

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