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Can my wife that I have been separated from for 30 years get half of my house and 401k?  I married my wife in ’82 and we separated in ’85. We didn’t get divorced but we are both seeing someone else. She has her own place and also retirement benefits from her job,  so can she really get half of my home in Elmwood and take half of my 401k when we get divorced?


Unfortunately, she has a very solid claim to ½ of your home. Of course you also have a claim to ½ of her 401k or home. Any assets acquired by either of you are subject to potential division. In your case, you may be able to argue that she never contributed to the acquisition or preservation of the asset and as such should not be entitled to the home. However, your failure to file a divorce in over thirty year unfortunately has consequences. 

Elmwood Divorce Attorney, Christopher Heberg serves individuals and families in Elmwood, Rhode Island.  Attorney Heberg assists with division of property and other financial matters resulting from divorce.  He represents clients throughout the state of Rhode Island including the communities of Cranston, Providence, Johnston, West Warwick and Warwick, Rhode Island.

Posted by Christopher E. Heberg