Question #25: I have been married for 10 years. My husband & I are selling our house (no children/pets – house is only asset). The closing is 1 mo. or so away & I have to make decisions quickly. We have not been getting along, but don’t hate each other (just lots of mistrust). Should we get a legal separation if we plan to live apart? What liability am I assuming if I don’t get separated & we are living apart? What if we decide to live together & we want to keep our money separate?

I cannot overemphasize the necessity to get a legal separation which should be prepared by a experienced matrimonial attorney in your area . By remaining separate but not legally separated all of the assets ( e. g. a house, condo, 401-K, etc.) which either you acquire are still considered marital assets and the other party will have an interest in them. You may also be liable for certain debts incurred by the other individual even after you have separated. Most important, however, is that you’ll be in a state of limbo, not being able to remarry and get on with your life. For these and many other reasons, I strongly urge you to consult with an experienced matrimonial attorney and do it right.

If you are located in the New York City metropolitan area, please call me at 212-370-1660 to arrange to meet to discuss mediating your separation.

Leonard M. Weiner, Esq./Divorce Solutions