My husband have been married for five years and now seperated.

It doesn't matter who left. That's not considered when making a determination with respect to a division of family assets and support.

However, that fact that your marriage was of a short duration is highly significant.

Spousal support is a very complicated and highly unpredicatable area in family law. Generally, this is how it works:

The Court would look at the length of the marriage, which in your case is considered short, your age, the role you played during the marriage, whether you worked before or during the marriage and whether your are working now, your skills, education and experience as well as your lifestyle during the marriage.

The Court will look at the means of your husband to pay and your needs.

The Court will apply certain principles such as the fact that both spouses have a duty to become self-sustaining as much as possible. And the idea that no one is supposed to be financially penalized by the marriage or it's breakdown will be taken into account by the Court.

In your case, your marriage wsa short and you didn't give anything up when you married, such as a career to stay home and help him. It's really quite unlikely that you would be awarded support and if you were it would only be for a short while.

With respect to the division of assets, while I am sure you've heard that there is an equal sharing of all assets this isn't necessarily true and given both the short duration of the marriage and the fact that your husband brought all the assets into the home this is the type of case where it would be clearly unfair and unjust for you to split the assets.

The question is whether a Court would likely give you any claim to the asset at all.
There is a possibility that in recognition of the 5 years together the Court might order that you receive a small lump sum payment but there is certainly no certainty of that I'm afraid. You husband will argue unjust enrichment and he's likely going to succeed.

Your best bet is to retain a lawyer who can negotiate some settlement for you. Your husband may be willing, once he sees that you have a lawyer, to give you something just to have this all go away.

I hope that helps give you some insight into how this may work.

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