If I decide to go back home what would be my legal rights .we have been married 23 years

I don't know why this is posted in workplace relationships. Do you work together and that's the problem?

If you just leave him and he wants to sue you for divorce, he can use (in many States) abandonment as the cause.

If you want "out" of the marriage, then file for a divorce (or separation) and handle it legally.

If you are asking about settlement ("what are my rights?") you need an Attorney familiar with the laws in your State.