My question involves a marriage in the state of:Texas
Good afternoon all,
I am pushing 60 years old..Marriage of almost 40 years..
Our house is jointly owned, paid for..
As much as I wanted to, after finding out about my husband's infidelity I did not file for divorce..
We are in house separated..Separate bed rooms..No sex/affection exchanged between us.
We have been living like this for 4 + years..
Reason being the WH ( wayward husband ) was unemployed..
I have been the main or sole breadwinner throughout our marriage..
I always made a modestly good income.. My income was enough money to get us by without the WH working, so long as we were on a strict budget..
I managed to save in a 401 K by spending a lifetime with the same company.. This account stays untouched...It is worth about the same as our 1980's -1300 sq foot house..
The WH does not have access to 401 K it is in my name only..
I have been retired for two years..
I get a regular monthly income from my company's defined pension plan which is in payout status..I make a little over $1000 a month after $500.00 in medical premiums is deducted..($80 for me, $ 475 for him)
Because of my refusal to un retire and go back to work, the WH was forced to find a job, he has been working for a year....
The WH is obese, so passing the company physicals required to get hired on to new jobs is problematic..He also has a criminal history..
My question is this;
In a divorce settlement, will my earning capability be inputed on what I used to do? I am retired due to health issues and severe burnout..
Even though I am skilled at what I do, I DO NOT want to return to it..
Without knowing better, my instinct is to attempt to find a job of my liking which isn't as physically/mentally demanding as my previous career..This may take me QUITE a while..
Or I could go to doctors to see what they can do to certify my severe burnout/physical limitations. What do you think?
I did retire from my job within 30- 35 days of my return from FMLA.. My FMLA and retirement were both caused by my back issues / inability to comfortably stand for the long periods of time required to do my job..
I realize I will need good legal counsel local to me..I already know my WH is entitled to 1/2 my pension, 1/2 our house, 1/2 my 401 K..He has no pension or savings to offer me..This would render me unable to support myself without going back to work..
Just wondering if extricating myself from this marriage will obligate me to a lifetime of supporting my WH financially or living a life that is unsustainable for me physically/mentally :-(
This is the fear that has me paralyzed..

