Divorce & Separation ?

<p>I am a male, in my 60’s and my kids are graduating from colleges.
I am looking for advice from the wise parents of CC as I don’t know what to expect in a separation and divorce situation as this is my first and only. We are married for 24 years and I have not expected that it will be ending like this, but it happens, or might happen. Needless to say I am devastated and therefore I am using the screen name “cryingoutloud” literally.
Let me go back to describe my marriage and my kids. I know this is one side of the story, but I will try to keep it in more objective manner and try to narrate only facts.
Both of us are immigrants, from the same origin.
I married my current wife in a “love with first sight” situation, we did not have a long term relationship before get married, therefore there was no though understanding of each other’s before tided the knots. We were separated by 3000 miles, she was in the West and I was in the East. Although the relationship lasted for about a year, we did not see each other very often. After the marriage, she moved to the East to live with me. At the time she had thoughts to move to Midwest because she found a job there, but because I have a house and higher salary, we decided to settle in the East.</p>

<p>As soon as we got married, we had our first child. After that, I found her mentally unstable, let me explain:
She is a very intelligent person. highly educated, but for every little differences in opinion, she always wanted to be on top of the argument and if I raise my voice, she called me abusing her. For the last 20+ years, she has been like that. At once, 20+ years ago, when the kids were young, we had a small argument, it was my comment on her decoration made her mad. She took off the next day with the children and flew all the way to West Coast to stay with her sister. I was devastated, I begged her to come back and after few weeks, she did. Now, during her stay with her sister, she had an argument with her sister and had to move out to my parents who were living near my wife’s sister. My parents, of course, welcomed their DIL and grand children, but had forewarned me the mental situation of my “new” wife because they too found her temperament. And perhaps because of her temperament, she had not been able to advance in her professional carrier. She stayed as a senior technician for her 25 years of professional life.
This kind of situation has been going on ever since, but she had never moved out again. At times we don’t have an argument, we are happy family. But, even if we have a small difference, she will not speak to me and called me yelling for days at a time. I do admit that I raised my voice often, but I did not have an evil intent nor I have been physical, we just have an argument which happens all the time among H&W.
Mom had commented that my wife will be critical for people closed to her, yet very generous to others who are unrelated. Almost 20 years ago, my wife and my mom had a big argument on childbearing, my wife has not forgiven my mom and rarely talk to her unless it is in a family gathering situation.
Our major differences have been our life style and hobby. I am heavily involved in a sport that requires travel, most times the whole weekend and few times in a year, I travel week at a time. All told, it is about 30 days away from home per year. Prior to our marriage, she joined me on every trip and seemed enjoying the sport. She also can play in the sport pretty good. However, the tune changed drastically after our marriage. She became resistant to join me, if at all. in the name of raising the children.
About 7 years ago, we had a big argument for something trivial; she kicked me out of the bed room and reduced the interaction between us to a minimal for more than 6 month. I had to stay in the guest bed room on a single bed. At the time, even I had an emergency and needed someone to take me to the hospital, she was complaining about driving me to the emergency because I told her, in pain, that she made a wrong turn. After my returning from the hospital, we had a serious talk about the relationship; we have decided to keep our marriage going.
We had a few happy years since, we bought a new house together, our kids were happy to get accepted by Ivy class of schools, we worked hard for the tuition. The whole experiences have been rewarding. But my wife still cannot get over my sporting hobby and sometimes my raising the voice in an argument. Every time, in front of friends, whether they are first acquaintance or old life friend, she always criticizes my hobby and my travel. In the meantime, as empty nesters, my wife had developed her own hobby: She started dance exercise in gyms and travel the world as tourist. I cannot do dance exercise so I did not join her and because my work, I can only join her on world travel when I am able. She decided to travel on her own with or without me, in times; I only learned her trip after her booking.
Fast forward to April this year, my wife made an arrangement earlier to travel with her high school friend without my knowledge to South America. And the week before her departure, I had a fall and broke my hip. Three days later, I had an operation and was recovering, regardless; she took off and left me with my mom. Ever since her returning from the trip, her attitude towards me took a turn to the worse, this time she moved out of the bedroom complaining my snoring(which I have done for my whole life) and took up the gym exercise more seriously, 4 days of the week she does not come home until 9 or 11pm. On the weekends, unless we have prior arrangements, she will take off and never tell me where she went. July 4th weekend, she took off 6am in the morning and did not come home, I almost called missing person bureau, after I spoke to her sister, her sister told me that she went to Las Vegas for a conference, which I think it is bogus, because I checked the LV convention schedule and there was none to her trade.
Now she is telling me that she is going to South America again for 12 days Christmas Vacation, with a “friend”. I found out that she has been talking to a male on the other side of the country every day for 1 hour at a time. Few days ago, I told her I want out. During the discussion, she revealed that her parents did not even condole her behavior. </p>

<p>I am devastated, needless to say. Twenty some years of work has went down the drain, even though there is no child support involved, we still have assets to settle and that is pretty stressful to me.
Questions:

  1. Is this marriage worth saving?(I think your conclusion will be the same as mine)
  2. Since it is my first time, I don’t know what to do, where to go to. I know I can get a lawyer, but is it worth the expense? Should I fight for my rights? We are in a community state.
  3. I am the trustee of my mom, as she is not able to handle her financials. Her deposit box is under my name and there are valuables in it. How can I handle this? Of course, I am the trustee of her assets that should not be a part. Nevertheless, if she die during our settlement, how to exclude my wife from the estate.</p>

<ol>
<li>We are still living in the same house, should I move out.</li>
<li>My medical insurance is using my wife’s what should I do. I have some pre-existing conditions and the medication is pretty expensive even though it is only one pill per day.</li>
</ol>

<p>Ideas?</p>

<p>Lawyer. You need a lawyer. Go see one. If you give us your city, someone may even know one.</p>

<p>As for health insurance, where are you in your 60s? You’re coming up to Medicare, but in the meantime, under the ACA, you’re guaranteed coverage. You can have your own policy; it may even be less expensive.</p>

<p>Crying,</p>

<p>Assets acquired by inheritance are not community property, so your wife has no claim to anything in the safe deposit box that belongs to your mom – but if your wife also has a key to that box or authority to access it, you might want to move the items which belong to your mother to a different box.</p>

<p>You do absolutely need a lawyer- ASAP. It is true that that the legal fees will probably be high, but the outcome for you without a lawyer could be worse. If you have any friends or work colleagues who have been through a divorce, you might ask them for recommendations. But do get representation for yourself. (In fact, you really need to be spending your time finding a lawyer instead of posting on CC!)</p>

<p>I am sure you know that you will be able to get insurance for yourself in 2014 without worrying about your pre-existing condition, as it is will be against the law after January 1 for any insurance company to discriminate on that basis - but you don’t have to do that right away. Your lawyer can advise you as to how that will be handled. (If you lose the insurance mid-year because of the divorce, that will be reason to buy insurance outside of the “open enrollment” period. )</p>

<p>Generally the procedure is that at the same time that the papers are filed to start the divorce, your lawyer will also get a temporary order from the court that will prevent either party from disposing of assets, taking money from accounts (other than ordinary living expenses), or cancelling any insurance policies. But the person whose lawyer gets to court first might also end up with a more favorable order. </p>

<p>Definitely do NOT move out of your house until you have a lawyer and are following the lawyer’s advice.</p>

<p>I’m a lawyer in a community property state. An uncontested divorce in my jurisdiction can be done in about four months. It is hard for you to hear, but the background of your marriage, your wife’s stablity, even if she is currently unfaithful is usually totally irrelevant to the legal system. Basically in a no fault state (which most are) with no minor kids you say you want a divorce and you divide the property. You may or may not have a trial. When I got divorced we agreed to everything before hand.</p>

<p>In my opinion you may or MAY NOT need a lawyer. The divorce forms are very simple to fill out unless you think she has been hiding or squardering (big time) money or assets. It costs a few hundred dollars to file. Better, IMHO, not to spend $5k or more on a lawyer if you don’t need to (depends wholly on your assets/debts and how cooperative your spouse may be). The HARDEST thing is to confront your spouse to tell them you want a divorce or, perhaps, ask her if that is what she wants. </p>

<p>As hard and emotional as the journey is, you cannot believe how much better you will feel a year afterwards.</p>

<p>I can tell you are in a lot of pain. Best to you.</p>

<p>It does not appear this marriage is worth saving.</p>

<p>Do not move out. </p>

<p>You do need a lawyer. You wife does not seem like the type of person who you can mediate with.</p>

<p>I’ve read that it is always advantageous to be the one filing of divorce (not your spouse).</p>

<p>Also for yourself, decide what is fair for both you and your wife. In addition to splitting assets, you probably have to think of alimony. </p>

<p>Your wife seems like a vindictive person, I would keep my cards close to heart if I were you. You probably need to quickly get your affairs in order (see a lawyer) before letting your wife know that you decided to get a divorce.</p>

<p>To clarify, I am not clear what “rights” you aren’t sure you should fight for. Anything acquired or developed during your marriage through work life (essentially) like houses, stocks, pensions are subject to division. Anything you inheirated is yours unless it’s so intertangled that you can’t suss it out. IF you intend to seek spousal maintenace then you may have a fight on your hands but just divying up property acquired over several decades can actually be pretty simple if both are reasonable. You can get a divorce consult without committing to the lawyer usually.</p>

<p>It’s the emotional stuff that is hard.</p>

<p>calmom and Tempemom (who are lawyers) both state that inheritances are not considered marital assets in a divorce. Perhaps this is different from state to state? I know of cases where one spouse inherited money in only their own name during a marriage. As part of a divorce, the inheritance was considered a marital asset and the spouse who inherited the money had to give some of it to the other spouse in the divorce. </p>

<p>I agree with others that you should seek legal advice locally.</p>

<p>I think this happens when inheritance assets get entangled in marriage assets. This is not going be an issue for OP.</p>

<p>Nothing to add, but just lost of hugs and support. This isn’t easy stuff to deal with and I am sorry you are going through it right now.</p>

<p>Another lawyer here. Get a lawyer. Don’t move out. Marriage is not worth saving. Sorry you are going through this, but it’s time. Make the right choices for YOURSELF right now.</p>

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<p>The cases I am referring to were where one party inherited money in only their own name while married and it was not intermingled with any marital assets. The spouse who inherited the money was ordered to give a chunk of it to the other spouse in the divorce. I know of another case where a spouse inherited money during the separation when the last living parent died (like what the OP is worried about) and that person is likely going to have to give some of it to his spouse too when their legal case comes up in the divorce.</p>

<p>I have nothing to add except that I’m sorry you are going through this. Stay sane and be the better person. You’ll eventually be happy again.</p>

<p>Another vote for talking to a local attorney. Pronto! Your wife does not sound as if she is able to go through a mediated divorce, but only you and your attorney can decide what course to take.</p>

<p>(Soozviet–not to derail but those could have been situations where one party had to “buy out” the other from a house or pension and the only source of funds they had was the money they inheirated or the married couple had say put money into the dying parent’s house/medical etc.)</p>

<p>TempeMom, Yes, I don’t wish to derail the thread. I only brought it up because it was one of the many questions the OP had and then some members who are lawyers weighed in on it (I respect their input!), but I know of cases where it went differently. </p>

<p>For example, in one case, the spouse who inherited money had to give a sum of that money that was only in their name (and never co-mingled) to the other spouse in the divorce. While the spouse without the inheritance (yet…that spouse would stand to receive his/her own inheritance some day as well), did not get a share of the house, he/she got a share of the spouse’s inheritance which was worth way more than that person’s share of the house and the judge considered the inheritance a “marital asset” to be divided as well.</p>

<p>Back to the OP’s other issues. </p>

<p>And sorry, OP, for what you are going through.</p>

<p>Thank you guys advice. Believe me, I am in a lot of pain and every time I review the photos from our happy times, I cry like a baby, although a grown man should not cry…</p>

<p>I should not pose my problems upon you.</p>

<p>Yes, I will seek out lawyers.</p>

<p>Regarding inheritance. This is probably one of the issues we have to deal with quickly. Mom is failing but still alive, she is stable for 6 months now, but we never know.</p>

<p>Is there a possible way to write in the agreement, whether separation or divorce, that in the event mom passed away during settlement, we can exclude it from the divorce?</p>

<p>Regarding the health insurance, it will be LOT more than we are paying no matter what I do as wife’s insurance is heavily subsidized.</p>

<p>Whether is lucky or unlucky, I am in a lot of trouble with the house I am in. We bought the house at the bottom of the market few years ago, now the value had increased so much, we won’t be able to afford during a divorce.</p>

<p>One of the question I did not ask is my retirement fund, as most of my money (in low 7 figures) is in it and it is not too liquid. Do I have to split or buy her out of it?</p>

<p>I’m sorry for your pain. Yes, see a lawyer; he or she will be able to answer all these questions.</p>

<p>I hope you will be happier soon.</p>

<p>cryingoutloud – again, by law an inheritance is separate property, you don’t need an agreement-- anything your mom leaves to you is yours, 100%.</p>

<p>GET A LAWYER! </p>

<p>I’m not going to give you legal advice on line, but you keep asking questions about things that you intend to do that I think will undermine your rights when negotiating a settlement. Seems to me you are ready to give a lot away. Maybe that’s what you want – but at least you should have a lawyer’s advice before making that decision.</p>

<p>And yes, your wife does have an interest in your retirement fund – that is also something to discuss with a lawyer.</p>

<p>What others may not have mentioned, get counseling, make sure you are eating and sleeping ok, and make sure you are exercising (sounds like you are exercising).</p>

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<p>Not based on what you said. There are many online services now that will enable you to find another and better woman. Don’t worry about being alone. Don’t date until you have a separation agreement or court order. </p>

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<p>As others have mention, get a lawyer. Contact your state’s lawyer referral service if you get get recommendations from friends who are reliable. If cost is a real issue, you might want to try divorce medication but you have to have a cooperative spouse to accomplish anything.</p>

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<p>Depends on the state but rarely does inheritance become joint property.</p>

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<p>Don’t move out except pursuant to a settlement agreement or court order. You will lose leverage. </p>

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<p>Negotiate that in the separate agreement. Get her to continue paying it. In some states the court can order insurance to continue after the divorce for a limited period of time. </p>

<p>Ask the lawyer if you will get an advantage over her if you can show she is cheating with another guy. It probably won’t help with asset division but may help in other ways.</p>

<p>Good luck.</p>

<p>Perhaps I am not clear enough.</p>

<p>I have two other siblings, they also have the rights to the inheritance.</p>

<p>Now the SAFE Deposit boxes are under my name. Can she claim that since the box is mine, she wants half of it in the separation, regardless who the contents belong to?</p>