Based on experience in a similar situation you divide the cash now - he pays none of his bills - all the delinquent debt is subtracted from shared marital assets, and then everything is split. I live in a 50/50 state. IME there is simply no way to protect your financial situation while you are married. The most you can do is secure enough to get started in a new place because any nest egg will be split. This probably varies depending on your state so it is very good that you have an attorney. Make sure the mortgage is getting paid. That is a headache you do not need.