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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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been married 33 years husband is with some one else he is

Resolved Question:

been married 33 years husband is with some one else he is a firefighter 26 years. kids are grown . iwork a little he off on workers comp for shoulder injury last 7 months
Submitted: 7 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your question.

I am sorry that you are in shock. How exactly can I assist you? What is your question?
Customer: replied 7 years ago.
well he wants me to live away from the home girlfriend moves in but i get no help financial cause he says he pays most of the bills
Expert:  Dimitry K., Esq. replied 7 years ago.
Oh I see--he is claiming he no longer has to support you, is that correct?

Are you currently employed?
Customer: replied 7 years ago.
he sai for me to pay my bills i opened which consist of 11,000 i work pt time right now
Expert:  Dimitry K., Esq. replied 7 years ago.
I see. How exactly can I help you today? What can I answer for you?
Customer: replied 7 years ago.
advise in do i filed for legal seperation and what does that mean , i mean he is living in our home i,m staying with my mom...what are my options?
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your follow-up.

If you file for legal separation, from the date of the separation being granted to you, each of you are deemed to now have separate property (from that day forward), and usually the courts require that both live in separate locations. That does not mean that the obligations end--if he was maintaining the household, he must still do so. If he refuses, speak with your attorney and file for "alimony pendente lite", which is spousal support provided to you when you are still married but in the midst of divorce.

He must assist you in seeking new housing, and such "alimony pendente lite" should provide you with additional finances that can help you re-build your life.

Once you file for divorce, his pension is also partially yours--that means that you can lawfully demand that a portion of his benefits be transferred to you. Similarly, if the house was purchased, you are deemed to be half owner. Since you are in California, ALL assets that you earned in the past 33 years of marriage are considered 50/50 owned by both, and you are completely within your rights to demand that he pay you a lifetime alimony (since you were married for such a substantial period of time).

Hope that helps.

Edited by Dimitry Alexander Kaplun on 8/1/2010 at 8:18 PM EST
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