In some states, marital property stops being commingled upon separation, in others, it is upon divorce.
My gut call was to agree with Lisa in that the state that has jurisdiction prevails. However, if the separation was originally filed in Virginia, then Virginia law may prevail even though the venue may have been later changed to Arizona.
You did not give enough information. Were papers ever filed in Virginia? Which court currently has jurisdiction? Both lawyers may have a valid argument and it may have to go before a judge to be decided.
Law aside, from a moral standpoint, if you have been living separately for 5 years, each supporting yourself, I don't see where you have a moral claim on his assets accrued during that time, anymore than he would have a claim upon your assets.
those are all good points. here's some more info. there was a divorce filed in Virginia, 6 years ago. We got custody and child support filed there, and even though the divorce was eventually dismissed, we're mostly sticking with those agreements. when my lawyer filed here in march of this year, the other attorney filed something called a "special notice of appearance" saying he would eventually try to fight jurisdiction. but then he did discovery and stuff, so my lawyer thinks he gave in, or accepted arizona's laws somehow. i guess i have a hard time feeling morally sorry for wanting half his money when, a. he cheated on me throughout the marriage, b. he probably won't have to pay alimony, although he makes over a hundred thousand a year and i make 25k, and c. my lawyer says the law here says 50/50 on everything until actual divorce.
It's not exactly 50/50 in most states. In Pa it is equability not to be confused with equal. I only have claim of what my ex made before I filed. What he has made/bought since then I have no legal claim to.
I'm a little confused here, six years and no final divorce?! Or am I wrong?
I do agree that as a cheater he gets what is coming but then 6 years to be living on your own I doubt you will be awarded half of anything..and BEWARE he is entitled to half of your retirement as well...