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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 25920
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I am a 68 year woman who has been married to my husband

Customer Question

I am a 68 year woman who has been married to my husband for 28 years. It has not been an easy relationship as he has never gotten over his first wife (who by the way stole a quarter of a millions dollars out of his business and then had to pay her another quarter of a million.) He put all his trust in his first son who has taken him to the cleaners. Now my husband leaves on social security only while his son has millions of dollars in land and assets of his. I have always supported my husband and paid for everything but now do to his poor health and my age I could no longer work as I have in the passed. He thinks that he deserves half of everything that we have accumulated in the past 10 years but he has contributed nothing I have paid for it all. I at present the mortgage on our home in my name not his due to his poor credit. Please help! I do not know what to do.
Candace Woloshchuk
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good evening. I certainly understand the situation and your concern. In Florida, he would have a legal right to those assets which have been acquired during the course of the marriage. While I understand he has not contributed and you have been the sole earner, it would not take away or eliminate his right/interest in the home or any other assets you have obtained, over the past 28 years. Even though the mortgage is in your name and you pay it, he still can claim a legal interest in the home, if it was purchased during the course of the marriage. If you do not want to give up or away this interest, then you need to remain married, unless you can settle on the distribution of the martial assets and the divorce would not be contested.

Customer: replied 1 year ago.
Thank you for the advice. My concern is that my husband is not competent to make decisions for financial concerns. He thinks he can but his cognitive skills are below 40. Is there any way around the situation or as you said that I miss remain married to him even if I can no longer afford to support him. His assets up north are over 3 million dollars burt he refuses to sell anything to keep us afloat.
Expert:  FamilyAnswer replied 1 year ago.

If he is unable to make decisions regarding his finances, then you may want to consider obtaining Power of Attorney of his financials and if needed, proceeding through the court to have it ordered, if he is not competent and of sound mind, so you can act on his behalf. If this happens, then you could possible be able to sell some of his assets, for support and to meet your expenses as you get older.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!