McIntosh, FL Divorce Law Firms & Lawyers

No. A legal separation is not a divorce. His prior marriage is still valid and he has committed bigamy which is a crime. He needs to file for divorce right now and then you can remarry. An attorney can talk to the county prosecutor, if necessary, and persuade them not to pursue bigamy charges.

Generally, if your pension is already in pay status on the date of marriage, she would not be entitled to a portion of it in equitable distribution of marital assets, because it is pre-marital/non-marital. However, there are occasionally things that people do to a non-marital or pre-marital asset that can cause that asset to take on a marital or quasi-marital characteristic that may cause all or some portion of it to be subject to equitable distribution in the event of a divorce. This also does not take into account the income from pension payments being included in your income for purposes of determining your ability to pay spousal support or alimony, or attorney's fees and costs. Consult with an attorney to discuss the specifics of your situation and your options.

Bigamy is illegal in Washington. His being married and never divorced prior to marrying you would actually make your marriage void. However, in order to protect yourself, you should go through the process called a Petition for Invalidity of Marriage, that is, if you wish to officially invalidate or make void the marriage. The basis for the invalidity would be that he was already married. If you wish to stay married to him, he needs to finish the divorce from the first wife (or in his case if he is legally separated, go through the required steps to convert his legal separation to a divorce), and then the two of you need to re-marry.