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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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M I protecting myself? I have been married for 24 years, my

Customer Question

m I protecting myself?
I have been married for 24 years, my husband wants a separation because he is no longer sexually attracted. I came to the USA from Italy after we married, I was working in Italy and I worked in the USA for 17 years. I have have 2 cancers and have other health issues so I couldn't work anymore. I'm receiving a LTD from a private insurance, I applied for SSDI and I have lawyer working on it. My husband is disabled and he has 2 pensions, the VA and SSDI. We recently moved to MA, we are buying a condo in both names as we are getting a VA loan and I don't receive a W2 for the LTD so I won't qualify for a loan in my name. We have a property in Costa Rica where my husband would ultimately be. When we bought that property my husband liquidated his 401K and put 95,000 for the house and we did a loan for the difference to $165,000. The loan is paid off, the house in Costa Rica is pretty much in my husband name we bought a corporation I am the secretary and he is the president. We wa nt to do a legal separation and his thought is, we declare that the house in MA is mine and we have his name only because of the loan, the house in Costa Rica is his we bought will have the opportunity to visit the houses as long as we arrange it. I will keep my 401k I am 51 and have around 200k on it. We will continue to have the joint bank account, from the combined amount we'll pay the mortgage and the rest we'll split 50.We won't divorce at least for now because I get health insurance and other military benefits through the Veteran Affairs. If I agree to prepare a written separation agreement and deposit to the court, am I protecting myself enough? I have taken care for my husband for 24 years took care of everything for the family. We have one daughter who is 18 and just started college.
Submitted: 1 month ago.
Category: Family Law
Expert:  LegalGems replied 1 month ago.
I am sorry you are having to deal with this. Yes a separation agreement can be court enforced if filed with the court. The court can order a breaching party to comply. Please see as with any divorce and separation agreement it is best to have each party hire their own attorney to review the proposed agreement because that makes it more difficult later to contest the agreement by claiming duress, unfairness, failure to disclose, etc.
Customer: replied 1 month ago.
but as the agreement is right now, does it seem fair?
Customer: replied 1 month ago.
we are trying to do this amicable
Customer: replied 1 month ago.