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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27645
Experience:  Attorney with experience in family law.
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my husband wants to separate from me but i dont want it..if

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my husband wants to separate from me but i dont want it..if we do separate or divorce what am i entitled to as his wife
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

In a divorce, a spouse is entitled to all marital property, which is defined as property acquired during the marriage, other than inherited assets. "During the marriage" means from the date the parties married until they separate with no intent of reconciling. Code of Virginia, Section 20-107.3. "Property" includes real property, cars, bank accounts, stocks, retirement accounts, and other items of value. You unfortunately would not be entitled to any portion of the value of your husband's father's condominium, unless you are a named beneficiary under a written will.

If you were married at least 10 years, and your husband's income is significantly more than yours, you may also be entitled to spousal support. The judge would look at your earning and expenses, your husband's earning and expenses, how much money you need to maintain the marital standard of living, and whether your husband can afford to pay you that amount. There's no set amount. The judge has a lot of discretion when assigning spousal support.

If there are minor children of the marriage, and they remain with you, then you would also be able to collect child support.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for helping you today. Thank you.
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