Q: What rights do I have if wife has abandoned our marriage and seeking divorce? She has no income. I receive a pension.
Her name is on the deed to the home. She's listed as beneficiary on pension.
A: Florida is a no fault state so "abandonment" is a non-issue for the most part. As to your rights, the answer depends upon many factors including the length of the marriage and the number of overlapping years of employment where you earned your pension. Typically all property acquired during the marriage (including pensions and retirements) are split 50/50, but there are carve outs for non-marital property (i.e., pre-marital property). Alimony could also be an issue since she is unemployed, but would depend on the employment status and incomes of both parties. You have rights that need to be protected and its best to consult with a qualified family law attorney in the jurisdiction where the case is pending.
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