Legal Question in Family Law in New Jersey
I have been married almost 23 yrs with no children. My spouse earns approximately 66% more than I did through out my working career. In the last year I have been on permanent disability. We have a house that is our primary asset which in this market although above average is difficult to sell and we would take a 100 � 125k loss. I have numerous emails, handwritten, and printed out documentation of a personal nature stating �I would never need to worry about my living situation or finances�. Do I have any legal standing based on same? We have been estranged for 5 yrs yet lived on and off apart martially for financial reasons. Now that he has met someone in the last few months, his "promises" to me have been retracted. Who determines what is �fair� if only one of us can afford reasonable representation?
Does he have a right or vice versa to change our "will" which essentially states, I would get everything and vice versa should the other pass?
2 Answers from Attorneys
You need to sit down and have a long talk with a good attorney. There is little anyone can do by just answering a few quick questions on this site.
Although your situation is complex, here is what you can expect. In cases of distribution of marital assests, the court (Judge) will attempt to make an equitable distribution of all assests accumulated in the marriage (e.g. houses and all real property, bank aacounts, pension plans, stocks). The court will also balance the equities by determining who is in the better situation after the divorce and will one spouse need some assitance in moving on with their life.
In some situations the departing spouse in a better position may be ordered to pay the reasonable attorney expenses of the other spouse. Lastly, any spouse may withdraw from a recipircal will as in your case.
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