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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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What are spousal rights if 2 people lived apart years

Customer Question

what are spousal rights if 2 people lived apart for 20 years in their own apartments,filed separate income taxes, had no sexual contact, and are now filing for divorce in new york state.
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regardI suggest that absent any type of Separation Agreement the spouses are entitled any and all rights as deemed for spouses under the NY divorce laws.That would include Division of all marital assets - those acquired during the marriage. Just because you lived separate and apart did not make a divorce. So either spouse may seek to recover a what they feel they deserve. A court will evaluate what is equitable in this regard. I suggest that an agreement now can be drafted where each will agree to not seek anything from the other. Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.​Thank you
Customer: replied 2 years ago.
I did not get the rest of your answer. A separation agreement was signed and filed with the court. Now my spouse does not want to honor the agreement or sign the divorce papers. What is the answer:? You did not provide it. please respond.
Expert:  Samuel II replied 2 years ago.
HelloThank you for the clarification.I suggest that you will need to file for the divorce; it will not be uncontested as you originally anticipated. Mediation will be ordered and you can present the MSA that has been filed with the court. It is unfortunate, but until there is a final decree nothing is in concrete. I apologize that I did not see that part of your question. But I am here to provide information for any and all of your follow up questionsThank you