My husband and I have been married for 2 years and 8 mos. For at least the past year he has been very hostile and critical of me. I many times tried to talk to him about his attitude and would ask him if he was committed to the marriage and if he loved me. He always told me he was. I have always told him that I was committed to the marriage and that I wanted to make it good. He is 58 years old and I am 60 years old. When we got married he moved into my house which I had already paid for in full. I make less than $10k a year and he makes over $80k a year.
Last Friday, Oct. 1 he left dressed for work but returned a couple of hours later. His handed me separation papers. Then he spent most of the day going thru the house and packing up things. I told him to stop but he would not. Most of what he took was his but some property belonged to me. He had some movers come and they moved all things out. My house was left partly bare and in a mess. I was totally blindsided, in shock,very distressed and I felt very violated.
I asked him why he was doing this and he said because he wanted his freedom and he wanted to do as he pleased without answering to anyone.
Is this considered abandonment?
If your husband left the home without your consent and without just cause, you may allege abandonment in your complaint for spousal support.
When my spouse and I got married almost 3 years ago we both had a primary residence, vehicles and retirement portfolios. I had no debt and he moved into my primary residence. During the marriage my income decreased from about 10k to 5K per year. His income increased from about 70k to 80k per year. I would like to seek post separation support and possibly alimony. Would I be ineligible to receive support because I have a retirement fund?
No, if you are the dependant spouse and are actually and substantially dependant on your husband’s income you are entitled to support provided he has the ability to pay
Spouse has been served with Divorce From Bed And Board papers. He previously asked for mediation, which he then had postponed (another continual stall tactic). Has previously stated that I would never ever leave the house with his children and it would be done “over his dead body”. Am I within my right to leave the marital home with my children and take any marital property I desire (to be fought over later in equitable distribution) or might this be construed as abandonment? As I said, I have had him served with papers and we’ve done the discovery phase but he continues to stall and stall and stall.
You may leave the home, with the children and take the martial property you wish to take.