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Chris T., JD
Chris T., JD, Attorney
Category: Legal
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Experience:  Experienced in both state and federal court.
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My husband left me 14 months ago for another woman, she dumped

Customer Question

My husband left me 14 months ago for another woman, she dumped him after a short period of time. He got an operation and appears to be seriously ill. After surgeries (2) he went to live with his new "girlfriend" (different from the one who dumped him). He is living with her since a month ago.He is not being very clear about his health condition, I wonder if I have the right to talk to his surgeon about his health. Also want to know, since he has not talk about divorce, neither I have, and he is taking care of the economical needs of our twins 13 yrs old, I NEED TO know if with the passing of time I loose any rights to claim the benefits he has as a government federal employee in case of his death, or if finally we get divorce if I would still have the right to claim alymoney, part of his 401k, etc. We do not have properties since the house we purchased before he went to work in his job is in distress and probably be sold in a short sale. We have being married for almost 15 years (August 29 will be 15 yrs). What are my rights and do I loose any because of him leaving home?
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

TexLawyer :

Good afternoon. I'll be assisting you with your question.

TexLawyer :

Since you are still married, as his wife, you should be able to speak to his doctor about his medical condition, unless he specifically tells his doctors not to speak with you about it. Typically, HIPAA prevents a doctor from discussing a person's medical condition with someone else, but HIPAA specifically makes an exception for spouses.

TexLawyer :

Regarding his property, you will inherit just the same as any spouse would. The fact that you have not bee living together is not legally significant.

TexLawyer :

At this point, a divorce would not be in your interest. So, if he doesn't bring it up, there is no financial advantage to a divorce.

Customer:

i we finally divorce lets say in four years from now, I do not loose alymoney, etc?

TexLawyer :

No, you can still make a claim for alimony.

Customer:

thank you

TexLawyer :

Living apart has very little legal significance.

TexLawyer :

Does that answer your questions?

Customer:

IF HE CONTINUES LIVING with this new woman but do not divorce me and therefore do not marry her, can she make any claims, with time, can she make any claims over anything from him?

TexLawyer :

No. Florida, like most states, does not recognize palimony (alimony without being married).

Customer:

Thank you. Yes my questions have being answered. Thanks a lot and have a nice evening

TexLawyer :

Glad to help.

TexLawyer :

If I can't do anything else for you, please remember to "rate" my answer.

TexLawyer :

Have a great evening.

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3816
Experience: Experienced in both state and federal court.
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Chris T., JD
Chris T., JD
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3816 Satisfied Customers
Experienced in both state and federal court.