How long can you reconcile and still be seperated?

[cathyj331]

What is the name of your state (only U.S. law)? Washington
I have been seperated from a verbally ane emotional abusive husband for 11 years. Recently (July 21st, 09 I moved back in for health reasons for close to 2 months. In this time, most of my personal items were moved back in, my childrens things were moved back in, and we have been filing joint tax returns for several years. Things have come up that requires me to file for a divorce. Am I intitled to half of everything from 11 years ago or since july of '09?What is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Washington
I have been seperated from a verbally ane emotional abusive husband for 11 years. Recently (July 21st, 09 I moved back in for health reasons for close to 2 months. In this time, most of my personal items were moved back in, my childrens things were moved back in, and we have been filing joint tax returns for several years. Things have come up that requires me to file for a divorce. Am I intitled to half of everything from 11 years ago or since july of '09?What is the name of your state (only U.S. law)?

There is no such thing as legal separation in VA, so you were still married and entitled to 1/2 of current marital equity in all assets. It wouldn't matter whether you had moved back in or not. Similarly, your stbx is entitled to 1/2 of the marital equity in any assets you are holding.

HOWEVER, VA is an equitable distribution state and the judge has discretion to divide the property however he/she considers to be fair. In a case like this, the court very well might decide that you're not entitled to any marital equity from the past 11 years.

You should see a local attorney to see how judges tend to rule in similar cases in your area.