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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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Married for 20 yrs. 4 kids @home, 20-15yrs old. Stay @ home ...

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Married for 20 yrs. 4 kids @home, 20-15yrs old. Stay @ home Mom, cannot work due to debilitating chronic illness. covered under husbands medical insurance which need. Husband is unfaithful. Husbands income is expected to increase dramatically over the next 2 yrs. Should I divorce now or bide my time until increased income matirializes. What, besides half of 401K can I expect in the way of a settlement in the state of Florida?
Submitted: 9 years ago.
Category: Family Law
Expert:  RayAnswers replied 9 years ago.
Thanks for your question. I would advise you to stay married here for the next couple of years. Insurance will be a problem once you divorce. You may be able to COBRA coverage from his work for awhile, up to two years after the divorce but you would have to pay the premiums here.

The longer you are married the longer you can stretch this and be closer to medicare coverage here. The length of the marriage makes for a better claim for spousal support here.

Besides spousal support you would be entitled to reasonable division of property including retirement which woudl go up if you wait the two years or so here. If the income is going to go up here I think that it's almost a no brainer to stay married and benefit in all the areas of retirement, spousal support, child support, etc. So much is based here on incomes, if it is higher then the court considers your standard of living as well as the kids here in setting these awards. Good luck to you here...

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