Separation Agreement


#1

Hi, I would like to ask how do I bring up and discuss the separation agreement to my husband
when he is certain to file for absolute divorce on our separation date anniversary?
In his mind, that filing for an absolute divorce will free him for any or all responsibilities
you go your way and I go mine and that’s that. He is not aware that I have been getting some help
through your website to further understand my legal rights and what I am entitled to as his wife.

Just in case he is not agreeable to the separation agreement, is it my legal right to just go on ahead
and file a lawsuit for post separation support and equitable distribution of property? We do not have any children
so that lessens some of the custody complications.

The thing that concerns me is that if he knows that I am putting together a separation agreement
and he does not agree, he might freeze/ dispose his assets/retirement/benefits for me not to be able
to get a hold/part of it.

Just wanted to get some clarification regarding this matter.
Thank you very much for your time.


#2

If he files for divorce you have to counter claim for alimony and equitable distribution. If the divorce is granted and those complaints aren’t pending then you will lose the right to them. You may also file for them before he files for divorce.