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I have been separated from my wife for over a year and living with new partner. im thinking of starting my own business can she

Usk, WA |

have a claim on any monies, ie spousal maintenance

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Attorney answers 2


Any asset acquired by one spouse during the course of the marriage is a marital asset subject to division of marital assets. Such an asset would include an interest in a business or business income. You may be separated but you are still married and this rule applies to you until the moment a final order is entered.

Division of marital assets is subject to a number of factors set out in the divorce statutes. Each state has its own. No one asset can be subjected to analysis in isolation without viewing all of the assets that both of you own, and without understanding the full context of the marriage including but not limited to your stations in life, the lifestyles to which you are accustomed, your educational and employment histories, your current abilities to support yourselves, and many other circumstances.

I truly wish you the best.

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Your wife could file for divorce and request spousal maintenance, yes. Whether she gets it or not, along with any other financial relief she requests, totally depends on the circumstances. Have you been paying her any money to or on her behalf to support her over the last year or has she totally been self supportive? If the latter, that may help you since a party in a divorce needs to show she has a financial need. I recommend you secure the advice of an experienced divorce attorney via telephonic or in-person consultation as soon as possible so you know what you could be in for and to advise you of steps you yourself should take.

Jack Berner

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