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Will I have leverage when it comes to the assets and house given the fact I have supported her for over 11 years?

Virginia Beach, VA |

I am married on paper however my wife has been living as separated in the same house. See moved out of the bedroom 2006 and has living in another bedroom. I feel we should work on our marriage and seek council but she has no desire for that. See has her own account, money, and loans. I have been supporting her by providing a place to live, healthcare, food, and her schooling. She has never made a mortgage payment or had significant income to help with big bills. When she leaves she will have a college diploma and job security to support herself. She is leaving me when our daughter graduates from HS - that is four years away. When all is said and done, will I have any leverage when it comes to the assets and house given the fact I have supported her for what would be over 11 years?

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Filed under: Divorce Alimony
Attorney answers 3

Best Answer
Posted

When it comes to division of the assets in Virginia, the Court will determine what it thinks is fair under the circumstances of the case. You have basically two methods for determining the division of property in a divorce. One, you and your wife can work out a division through a property settlement agreement. Two, you can ask the Court to decide the division. If you ask the Court to decide, your divorce will cost much more than if you and your wife can work it out between the two of you. You can show the Court what you have been paying for the household expenses but the Court will still decide what it thinks is a fair division of the property.

Posted

It sounds to me like you are letting her set the time frames. She may have the leverage over you, ie she's accustomed to this level of support. You should get a lawyer because you could end up paying her alimony for 5.5 years.

Posted

Speak to an experienced local divorce lawyer to evaluate your options before you negotiate with your wife. If you know what is reasonable in your area, then you can use that knowledge to your advantage.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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