Legal Question in Family Law in New Jersey

Re: Divorce after 27 years of marriage

After ten years of marriage alimony is permanent, assuming that one of the spouses has a significantly lessor income than the other.

Asset acquired during the marriage, except for inheritance and gifts, are subject to equitable distribution, as are the marital debts. Assets and debts are usually divided on a 50/50 basis.

As for medical coverage, it is probably not possible to continue your coverage under his policy once the divorce is final. Federal law requires that his insurer give you the opportunity to continue your coverage for three years with the requirement of monthly premium payments which are usually less than what they are going to be if you simply went out and applied for medical insurance coverage.

If you are disabled you should apply for Social Security permanent disability benefits which may include some medical coverage.

In a divorce you get half of his pension benefits accrued during your marriage; half of all bank accounts and 401Ks and half of the equity in the house.

As for making your husband leave immediately, you will be forcing him to rent an apartment and potentially reduce his ability to continue paying for the things he usually pays for.

Re: Divorce after 27 years of marriage

Your situation is not very unusual, unfortunately. And, he has the money and you have the health problems and no money. Again, not unusual.

You need to sit down with a divorce attorney, pay the attorney for a consultation, and get some advice as to what your options are.

I have read what Gary (the other attorney) wrote to you. Yes, you get an equitable portion of the assets (usually but not always one half), and after 27 years, alimony. Health insurance is a huge issue for you, but there are a couple of ways to deal with it.

I suggest that you get a decent divorce attorney, and get some advice. You need not live in misery with a spouse who cheats whenever it is convenient, just because the spouse earns most of the income.

You are in South Jersey. Still, if you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I would be happy to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: Divorce after 27 years of marriage

The fact that your husband is cheating allows you to file for a divorce. As part of the process, if he is the main wage producer of the home, he will be required by court order to continue to pay the bills and maintain the home and the life style.

New Jesey allows permanent alimony. A 27 year marriage will certainly met the threshold requirement, but many other factors are considered in the amount to award a spouse.

Additionally, New Jersey is an equitable distribution state, so you are entitled to share in all the assets.

My office is in South Jersey, and I would be happy to meet with you to discuss your matter.

My contact information can be obtained from the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.