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Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer, Attorney
Category: Family Law
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I have a family law question ?I've been married 26 yrs. and found

Customer Question

I have a family law question ?
I've been married 26 yrs. and found that my husband is still married to first wife. I want to know what I can get like retirement, joint survivorship, etc. I should qualify for those as I did not have a clue he was still married. I'm not sure where to start on this either.
Submitted: 2 years ago.
Category: Family Law
Expert:  Delta-Lawyer replied 2 years ago.
I hope all is well. Wow! What a crazy situation! Because the marriage is essentially ineffectual, the remedies that can and should be given to you are not necessarily statutory in nature (as would be the case in an actual divorce). As such, the court will base their determination on the lines of equity instead - or what is fair in view of the fraud perpetrated, the contributions you have made to the relationship in your years together, etc. As such, and under the circumstances, you would be entitled to at least half what has been accummulated during your "marital time" together. You should also be entitled to a portion of his retirement as you contribute to his ability to work and save or accrue retirement and you should have survivorship rights as well. Again, this is not necessarily mandated and will have to be granted on equitable grounds by a court with jurisdiction over the matter. I would highly suggest getting an attorney that is familiar with family law matters in your area to represent you in a matter against this man so that you have the best chance of recovery possible.
Customer: replied 2 years ago.
Well, they are now divorced, which mad our marriage legal. but in the divorce she only asked for $15,0000 and nothing else. But I'm afraid she may find out about what she can get from him later like the survivorship. He named me as his survivorship, but the state of alaska where we retired from says only the former spouse is eligible to get this after he passes. So I want to see what I can collect if any of it. I don't wAnt to be surprised later on that becAuse I didn't do anything about it she will end up with all of it. So are you saying that there may be a way for me to collect some of the money if the attorney finds out I was a punitive spouse ?
Customer: replied 2 years ago.
Also, will the stAtute of limitations on their divorce have anything to do with what she can collect later on past the date of limitations ?
Expert:  Delta-Lawyer replied 2 years ago.
So are you saying that there may be a way for me to collect some of the money if the attorney finds out I was a punitive spouse ? Yes, that is what I am saying...not necessarily based on statutory requirements but instead based upon equity, good faith and fair dealing. Also, will the stAtute of limitations on their divorce have anything to do with what she can collect later on past the date of limitations ? That is an interesting question. It could be argued that a general three year statute of limitations may be applicable here. I could see an attorney arguing that, but under the circumstances, I think that argument could be overcome. It is more likely that they would argue new information has become available that was not available at the time of the divorce decree. That is kind of apples and oranges, but does have applicability. In short, though, I would not worry about that too much and would concentrate my efforts on making sure that you are taken care of long term via equitable remedies available at law.