Entitled to 1/2 of everything after walking away?

[Esmomx3]

What is the name of your state? Tennessee

Story:
I am trying to help out a friend who's wife left him over 2 years ago, took the kids and walked away from the family home and now wants 1/2 of all of their married assets. They have been married for 16 years and 2 of those they have been separated (not legally). Neither of them have filed for a divorce, however they have clearly gone on with their lives. She was cheating on him and got caught with an 18 year old and she was 31 at the time (which is why she left, her hubby wanted to work things out, but she wouldn't). They have 2 children together and one is severly handicapped. He is still paying for the van and has almost paid off a bankruptcy they had together (January). He still has them all on his insurance and gives her money each month for support. She is receiving SSI for the handicapped daughter.

Questions:
Is she entitled to 1/2 of their assets together? Including: 401k (she has never worked), house and land, and life insurance. Should she receive alimony after she walked away and has been gone for 2 years and is receiving SSI for the daughter? Also, how will CS be calculated when he gets them 10 days a month (1/3 of the time)? If she is entitled to those things shouldn't she also be accountable for 1/2 of the bankruptcy bill that will be paid off in January?

Remember a mother of two 31 years old got caught cheating with an 18 year old after 14 years of marriage and walked away from everything she had and took the kids.

Thanks for any advice.

 

[shell007]

Pretty sure after a 14-year marriage, she is entitled to 1/2 of the marital assets!

As for the Life insurance policy...If he dies and she is still the beneficiary at the time of his death...she gets the money. He needs to change his beneficiary if he does not want her to have the $$$$.

 

[HomeGuru]

the best advice to give him is to see a divorce attorney.

 

[Esmomx3]

Pretty sure after a 14-year marriage, she is entitled to 1/2 of the marital assets!

As for the Life insurance policy...If he dies and she is still the beneficiary at the time of his death...she gets the money. He needs to change his beneficiary if he does not want her to have the $$$$.

So, no matter what happened or how long they are separated (not legally) she can get half. What about him paying off the bankruptcy? She didn't contribute a dime to it and he will have it paid off in January.

 

[LdiJ]

So, no matter what happened or how long they are separated (not legally) she can get half. What about him paying off the bankruptcy? She didn't contribute a dime to it and he will have it paid off in January.

It doesn't matter. Even if she would have stayed, he would have paid the bankruptcy off anyway since you said that she never worked. There is a slight chance that she might get a little bit smaller percentage then half or that he may be able to argue that she is not entitled to a share of any asset appreciation since their separation, but that is certainly not guaranteed.

As you were told before, he needs to get himself a consult with an attorney.