# Legal separation or not



## missyinmn (Jul 6, 2020)

My husband and I would have celebrated our 30th anniversary in June, had he not asked for a separation. Neither of us were happy, but I would have stayed in the marriage and tried to make it work. I stayed home with the kids and only worked sparingly during our marriage. I have health issues that kept me from working after the kids were grown. He always supported that and actually pushed for it. He has emotionally cheated on me twice, and admits to it. Although, he said I blew it out of proportion. He has agreed to support me, and is giving me half of his income. We did put it in writing and our daughter witnessed it. I do realize this is not legally binding. His alimony is my only income. Do we need to legally separate for me to use his alimony as income to buy a house? I don't plan to do this for awhile, but I like to have a plan. Thanks for reading all this.


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## bobert (Nov 22, 2018)

You need to consult with a lawyer, who will most likely say yes this needs to be legally binding. You could get really screwed over, so be smart and protect yourself.


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## TJW (Mar 20, 2012)

missyinmn said:


> His alimony is my only income. Do we need to legally separate for me to use his alimony as income to buy a house?


I'm not a lawyer. I am a lender and a landlord. There is no way I would ever lend money, or lease my property, to someone who cannot substantiate their source of income. If your husband is not going to live in the property in question, then his income cannot be used to determine creditworthiness, unless there is a legally-binding agreement that he will source enough income to qualify.

Your lawyer may indeed tell you that the contract you made IS legally binding. The ones I have made with my tenants did not pass through any lawyer, but are indeed legally binding.


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