QUESTION
Am I entitled to compensation after divorce if we have been separated for years?
Asked on Jun 05th, 2011 on Divorce - California
More details to this question:
I've been married for 21 years, but separated for for 9 years. At that time we had an 11 year old son. My husband is military, if we get a divorce now that my son is almost 20, am I entitled to any compensation?
8 ANSWERS
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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That depends entirely on what you mean by "compensation". You are entitled to a fair division of marital property, whatever that is. What is fair has to be decided based on all the circumstances. Your husband's future military retired pay is considered marital property to the extent that it was earned during the marriage. After living apart for 9 years you will probably not have much of any argument for spousal maintenance. Since your son is not over 19, child support is not required.
Answered on Jun 08th, 2011 at 12:05 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Depending upon your state law, you may be entitled to spousal support (what we used to call alimony). Please consult a local domestic relations attorney for further information.
Answered on Jun 08th, 2011 at 11:44 AM
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It depends on your definition of "compensation". If you're a Western Washington resident, feel free to contact my office for a free, no obligation consultation regarding your situation.
Answered on Jun 08th, 2011 at 10:10 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Compensation for what? You would be entitled to a fair and equitable division of your assets and debts and perhaps maintenance.
Answered on Jun 08th, 2011 at 9:41 AM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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In Washington State, the court will divide assets and liabilities fairly and equitably. If you are talking about child support-unlikely.
Answered on Jun 08th, 2011 at 9:28 AM
Well.... Compensation for what? In Nevada, property rights continue to accrue until divorce, regardless of separation. Up to 4 years back child support is possible - but that clock is ticking, and you may have only two years to claim at this point, depending on the facts - which still may be a lot better than nothing. And you have a presumptive entitlement to half the military retirement benefits earned during the time the marriage overlapped military service - which is probably worth more than everything else put together. What you need most is a full consultation with qualified family law counsel.
Answered on Jun 07th, 2011 at 1:47 PM
Glen Edward Ashman
Maybe, maybe not, depending on many details we do not have. Sit down with a lawyer who can examine those details.
Answered on Jun 07th, 2011 at 1:33 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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I would say that it is unlikely, although as a military member, your husband has a duty under the Military Code of Justice to support his spouse and minor children. If he isn't doing so, then you can contact his commanding officer to get support, but it is likely a short term step. If you are looking for an attorney and are in my area, please contact me for a free consultation.
Answered on Jun 07th, 2011 at 1:16 PM