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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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My husband and I have been separated (not legally) for 5 years.

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My husband and I have been separated (not legally) for 5 years. He recently was given a severance package when his company went out of business. It was a good amount of money. Since we are still legally married, am I entitled to any of that money? I should note that he has not been physically present in the last 5 years, aside from an occasional visit to see the kids, but he has supported me, by leaving me with access to a checkbook/ checking account to pay my bills.

He is now renting a home with the woman he left us for, and while I realize it probably has no bearing on the legal issues, if I am entitled to that money, I don't want it being spent on her house. Any information or advice you could give would be greatly appreciated.
Submitted: 5 years ago.
Category: Family Law
Expert:  lwpat replied 5 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

I am sorry to hear of your situation. The only way you would possibly be entitled to a share of that money is for him to share voluntarily or for you to go to court and have a judge order that you receive a share. Adultery is a grounds for divorce in Ohio. You would be entitled to an equitable distribution of the marital estate, child support and alimony. Whether the severance pay is a part of the marital estate or not is something that you would need a ruling from the judge. It depends on how it was structured. However, it can be considered in determining the amount of alimony. Contact a local divorce attorney and get on with your life. good luck to you and your family.
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