Legal Question in Family Law in Massachusetts
I have been married since 2009. My husband suffered a stroke in 2011 and although we still live together, it is more of a care taker/ patient relationship. Can we get legally separated but still live together so I can care for him?
1 Answer from Attorneys
I'm so sorry to hear about your husband.
If you were to have your marriage dissolved, there is absolutely nothing preventing you from living together exactly as you are right now. There may be some additional legal hurdles for you to jump through in order to have the same decision making and other authority, including guardianship or conservatorship, since you will no longer be his spouse, but those items are not entirely insurmountable. You may also want to engage in some estate planning if you have some intention of leaving any part of your estate to one another, as the law will not automatically provide for the survivor of you once you are divorced.
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