What Is Spousal Abandonment
Spousal Abandonment occurs when a spouse leaves without notice. It is a sudden spousal abandonment with no intention of returning or coming back to fulfill any responsibilities. You will also have a hard time getting in contact with them.
What Is Considered Abandonment
It is considered sudden spousal abandonment if your spouse does not return to fulfill any responsibilities, including financial support. Simply separating, moving out of the house, or jointly deciding to separate does not mean spousal abandonment.
Spousal abandonment can also look like your spouse refusing to care and protect your family. If your spouse makes it impossible for you to stay in the marriage due to neglect like physical, emotional or sexual abuse this is also grounds for sudden spousal abandonment if you leave. However, if you are leaving a crisis situation this will not be included.
Spousal Abandonment And Neglect Rule
The spousal abandonment and neglect rule states that if you are abandoned by your spouse you can file head of household to avoid unnecessary taxes if they filed married filing separately. In order to file this, there shouldn't be a joint return on file, you can claim a child, your dependent lives with you, you paid more than half the household expenses, and your spouse had to be living outside the home for 6 months during the last tax year.
How To File For Spousal Abandonment
In order to file for abandonment, your spouse would need to have been out of the house and hard to contact. Your spouse will also need to have stopped financially supporting you and your family. In order to file you will need to fill out fault-based divorce forms. You will also need to ensure that you have an attorney with you to fill out the forms correctly. The final item needed is a summons, which can be tricky because most of the time the abandoned spouse cannot locate their spouse. The attorney will assist you in getting the paperwork to your spouse.
Abandoned Spouse Rights
If your spouse abandoned you, you have the right to divorce; however, your spouse will need to be gone for over a year. Finances are usually a stressful issue when spouses abandon. You can receive financial support through spousal alimony for a temporary time pending the divorce. This also may qualify you for special enrollment with your health insurance, especially if your spouse was the insurance provider. You would need to determine if it is a qualifying life event with the insurance provider. If you have children, your spouse loses all parental rights and custody.
Spousal Abandonment Syndrome
Spousal Abandonment Syndrome is when your spouse leaves without notice and without reason. Spousal abandonment syndrome is usually seen by a spouse leaving a note stating the relationship is over. This has become a growing trend in lieu of divorce. Upon leaving your spouse will cut all contact with you and your family. Sudden spousal abandonment is unexpected and can leave you feeling shocked and confused. It is best at that point to seek professional help to assist in healing since fixing the marriage is not an option.
There are key indicators that one may have spousal abandonment syndrome. Usually, one spouse may feel like everything is perfect in their marriage. The spouse who leaves tends to not show any signs of unhappiness. The announcement is made out of the blue and during a normal conversation. Once announced the spouse leaves quickly and without notice. After the spouse has moved out they will ignore contact with their spouse or family. Any reasons the spouse gives for leaving are seen as trivial by the abandoned spouse. Lastly, the spouse who left leaves the abandoned spouse feeling like they are strangers to one another.