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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114818
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My wife physically/emotionally abandoned our marriage over

Customer Question

My wife physically/emotionally abandoned our marriage over 7 years ago. I suffer from ED.
She has lived this lie while we built a $550,000 house with no hope of recovering the cost and finally had an affair with my golf partner who is divorcing his wife. She filed for divorce after I caught them in a motel for a week.
Have been married for 23 years and while she was a $50,000/year postal worker, I built a business which provided for the overwhelming bulk of our assets. She now wants half so she and her boyfriend can live ever after. She's 70 & I'm 74.
In the Commonwealth of PA, what recourse do I have?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. She is not legally entitled to 1/2 in PA, but an "equitable marital share" which is legally presumed to be 1/2 but does not necessarily have to be based on the individual facts of each case if the court does not find that to be "equitable" based on the conditions. You can assert the emotional and physical abandonment as well as the adultery as basis to seek to lower the equitable amount of the marital property that she is entitled to. Marital property is deemed all property acquired during the marriage, so that would be the business, the marital home, HER PENSION, and any other investments or assets you have acquired. You need to hire a local attorney to seek to protect as much of your equitable marital shares as possible as this is going to be a bit complicated as a contested divorce because of the business assets and income and the marital home and other assets. Once you begin and seek to attack her pension, she may also consider backing off since it is possible and even likely she may not even get spousal support based on her conduct.

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