My wife and I have been married for 39 years. We have not shared the same bed for 8 years in which she has put in the agreement that she wants me to sign. We are both near retirement age. She want me to sign a separation agreement giving her spousal support. She wants half of my retirement, half from the sell of the home, in which, I have no problem with the latter. There is no grounds for adultery or anything like that she is just tired of being married. She has been threatening to file for almost 15 years.
She has her own business, she files her own taxes, now for about 5 years now. I recently found out she has withdrawn all of her retiremment.
She wants to keep all the assets and leave me with nothing. I will not sign this agreement because she is just being greedy. My children are adults and would like for us to just settle this once and for all.
She can get half your retirement. You can get half hers. So long as you have documentation of its previsous existence, doesn't matter if she's withdrawn it and has it hidden.
You can also help yourself to half the value of her business.
For her to be awarded spousal support the court would have to see her as a dependent spouse. A woman who owns and runs her own business does not sound all that dependent.
There's a lot at stake here. Divorces involving a business can be as complicated and contentious as ones involving young children. You should be talking to a lawyer.
Kgrow is 100% right. It can and will take a long time, maybe years. She can get 1/2 of your retirement. You can get half of hers. You can order to see all bank statements for as far back as you need. You should get an attorney asap. Do not try to save money here. You should get the best that money can buy. As far as adultry, it makes no differance at all, VA is a no fault state. Divorce is ugly, yours will be no differant. Your children are adults now. If things get too nasty, consider letting them in on this. Noone once to look greedy in front of their children. This may be the best way to get the fairest thing for all. Just a thought. Good luck!
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