Legal Question in Family Law in Massachusetts
I have been married for 33 years. I am a 58 year old man. I live with my wife in our house with no mortgage that is in both our names. I am on social security disability as I have four mental illnesses one of them being severe Adult ADD. My wife has been the main source of income and insurance for the past ten years. I worked off and on at part time jobs until I became permanently disabled. We have three grown daughters, all over twenty one years old. Two are married and have their own homes and one who has an apartment with her boyfriend. None of them rely on us for any type of financial help and they are all employed. For the past ten eight years I have slept on the couch in the living room and my wife has slept in the bedroom. She became obese about twelve years ago and between this and poor communication problems our marriage has deteriorated. My therapist says that she thinks I should move out for a while because the anxiety that I have been feeling being around my wife is exacerbating my mental illnesses. I receive $1700.00 a month disability and I do not know how I can afford to pay for a house and an apartment. We have been using my income to pay for things such as electricity, property taxes, car insurance and others.
My question is, if I move out will I lose the house and any or our retirement money and CDs and any other income. We have two six month CDs worth about $84,000. I have an annuity worth about $62,000 her 401K is worth about $60,000 and we have some other income. If I move out will I lose and claim to any of this money and the value of the house?
Regards
Ernest Johnson.
3 Answers from Attorneys
Your question can not be answered without speaking with an attorney who has fully reviewed your assets and/or circumstances. However, generally speaking just because you move out dosen't mean you lose anything-every divorce is different and that's why you need to seek legal advice first before you decide to make any type of move.
Your question presents a complicated set of circumstances which would need to be discussed in detail before any attorney could provide you with an opinion on the outcome of your case should you eventually decide to seek a divorce from your wife. However, as a general proposition, you are not waiving any rights to the marital estate that you & your wife have accumulated if you make the decision to move out. I understand your therapist's point of view, however, you might want to consider filing for divorce first (if that's your ultimate goal) & then make a determination whether its better to move or stay in the house & see whether its possible of effect a relatively expeditious divorce which would provide with the means to live on your own.
You should seek legal advice before you make the decision to move.
Good luck
You will not lose since this is all part of the marital estate. It is subject to division of property.
Given your remarks you cannot not afford to meet with an attorney to prepare for any divorce proceedings.
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