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Want Legal Separation

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JesseJames

Junior Member
What is the name of your state? New Hampshire.
I want a legal separation from my husband of 35 years. Married in MA and raised 1 daughter in NH. She is now married living on her own.
I continue to be verablly abused, threatened and financially abused..he doesn't pay much he is on SS and is a drug addict (perscriptions of oxcontin, metadone and more). I have done the best I could to get him on his feet -minimize the oxy and begin the methadone. The plan was for the oxy to end and it hasn't - he does not take it as perscribed. He either snorts it or sells it. I got him on medicare and now he can take care of himself. I want him out. I own two houses and work very hard for everything I own. I do not want to loose my property or fear for my life.
How do I get a legal separation from an angry, verbally and fiancially abusive man who has no reason to leave. I work, he stays home - I come home he is asleep (passed out). We do not make it throguh a day (or even an hour) without arguing over petty things. He is angry, I am resentful and bitter - I want him out - legally and I want to be safe. Please help.
 
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nextwife

Senior Member
N0n-comingled PREMARITAL assets or gifts or inheritances are generally not split. Assets acquired during the marriage that are not gifts or inheritance will be split. Retirement funds acquired during the marriage (pension, 401K, 423b, etc.) will be split.
 

LdiJ

Senior Member
What is the name of your state? New Hampshire.
I want a legal separation from my husband of 35 years. Married in MA and raised 1 daughter in NH. She is now married living on her own.
I continue to be verablly abused, threatened and financially abused..he doesn't pay much he is on SS and is a drug addict (perscriptions of oxcontin, metadone and more). I have done the best I could to get him on his feet -minimize the oxy and begin the methadone. The plan was for the oxy to end and it hasn't - he does not take it as perscribed. He either snorts it or sells it. I got him on medicare and now he can take care of himself. I want him out. I own two houses and work very hard for everything I own. I do not want to loose my property or fear for my life.
How do I get a legal separation from an angry, verbally and fiancially abusive man who has no reason to leave. I work, he stays home - I come home he is asleep (passed out). We do not make it throguh a day (or even an hour) without arguing over petty things. He is angry, I am resentful and bitter - I want him out - legally and I want to be safe. Please help.
Just to make sure that you understand what a legal separation is all about. He will be entitled to 1/2 of the equity in all marital property, and responsible for 1/2 of all marital debts. That includes real estate, cash in the bank, stocks and bonds, retirement accounts etc.

If your income is significantly more than his, he also will be entitled to spousal support.

I don't blame you for not wanting to live with him any longer, but please do understand the financial ramifications.

If his current treatment for the addiction is not working, then you may want to discussed trying to have him committed to a longer term, inpatient rehad.
 

JesseJames

Junior Member
Thank you - I was not aware he would be entitled to support.

Thank you - I was not aware he would be entitled to support. I have heard and am not happy with the 50% split. So if it isn't a legal seperation - how do I get him out. I don't expect to leave him with nothing. But I do not want to loose my property or have to pay him support. He has gone through rehab - numerous times and I/we are at a point where he is on his own - off my midical insurance so I do not feel like an enabler and he takes the pills himself - I was under agreement to dispense them to him.... long road... but at a fork where he could go his own way and be ok. No more verbal suicide threats - although there is some very mean "sarcastic" threats.
So you sound like you have some legal education or experience, what is it that you would call it that I am looking for? Should I stay away from the courts and just try to get him to leave?
Can't believe after I all I have done - I feel I have been taken for a ride and he's the one who get's the free ride and now won't get off!

Just to make sure that you understand what a legal separation is all about. He will be entitled to 1/2 of the equity in all marital property, and responsible for 1/2 of all marital debts. That includes real estate, cash in the bank, stocks and bonds, retirement accounts etc.

If your income is significantly more than his, he also will be entitled to spousal support.

I don't blame you for not wanting to live with him any longer, but please do understand the financial ramifications.

If his current treatment for the addiction is not working, then you may want to discussed trying to have him committed to a longer term, inpatient rehad.
 
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LdiJ

Senior Member
Thank you - I was not aware he would be entitled to support. I have heard and am not happy with the 50% split. So if it isn't a legal seperation - how do I get him out. I don't expect to leave him with nothing. But I do not wnat to loose my property or have ot apy him support. He has gone through rehab - numerous times and I /we are at a point where i have him on his owe - off my midical insurance so I do not feel liek an enabler, he takes the pills himself - I was under agreement to dispense them to him.... long road but a a fork where he could go his own way and be ok. No more vverbal suicide or falt out murder threats - although there is some very mean "sarcastic" threats.
So you sound like you have some legal education or experience, what is it that you would call it that I am looking for? Should I stay away fromt he courts and just try to get him to leave?
The only thing that you could do is either a divorce or a legal separation, and the financial ramifications are the same, either way. Otherwise, he is entitled to live in the marital home, and there is no way that you can force him out. I truly understand your frustration, however that is simply the reality of things.
 

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