More details to this question:
My husband of 4 years wants a divorce. We have no kids together. He bought our house 2 months before we married, it's in his name only and he paid it off. He has a business that he started before we were married. I have not been involved in that. We both have retirement accounts. Can I get anything in this divorce?
7 ANSWERS
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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Half of assets acquired during your 4 year marriage. You might be entitled to spousal support but it would only last for 2 years. 401k belongs to the holder except for 1/2 of any amount earned during marriage. Sometimes this amount is small and not worth the cost involved to split it out so both parties agree to take their separate 401k's.
Answered on Apr 15th, 2013 at 9:59 PM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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In Michigan property division must be equitable. In a short term marriage courts tend to put parties back in the position they were in prior to the marriage. The longer the marriage the more intertwined their finances and contributions. It sounds as if the house and business were pre marital assets of your husband and as such would essentially start as being his. The Court however looks at the equity and a number of factors: marital fault, length of marriage, health of the parties; earning capacity, sources of the property, etc. in fashioning an equitable division.
Answered on Apr 11th, 2013 at 3:46 PM
There seems to be community interest in the house and the retirement accounts. You are entitled to one half of the community property. You should consult a family law attorney to review all of the facts and advise you.
Answered on Apr 09th, 2013 at 12:28 PM
John Arthur Smitten
Whatever was acquired or earned during the divorce is marital property and gets split 50/50.
Answered on Apr 09th, 2013 at 12:28 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You are entitled to half of anything that was acquired or paid for during the marriage. You should consult with an attorney in order to best determine your potential rights and options.
Answered on Apr 09th, 2013 at 12:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Absolutely, you need to call for an appointment or engage another attorney familiar with businesses in divorce situations.
Answered on Apr 09th, 2013 at 12:27 PM
Dennis P. Mikko
You are entitled to an fair division of the marital assets. What you might get out of the divorce will depend on what you put in and whether assets he had prior to the divorce were co-mingled and therefore became marital assets. You should seek the advise of an attorney who can review all of the facts and better advise you.
Answered on Apr 09th, 2013 at 12:26 PM