More details to this question:
Husband having affair after 46 yrs. of marriage. we're both retired. Does it matter who files and signs for the divorce first? Am I entitled to alimony and how is that amount calculated? Àm I entitled to any part of his pension and how is that calculated? He has agreed to several things and signed those statements in writing. Will they hold up as promises in the divorce agreement?
2 ANSWERS
Divorce Attorney serving Astoria, NY
at
Richardson Legal PLLC
Update Your Profile
You have many issues here that you are worried about. Your best bet is to see a divorce attorney so you can provide more detail. It sounds like his pension was accrued during the marriage so you will be entitled to a portion of it. It won't matter who files. Good luck.
Answered on Feb 26th, 2013 at 10:32 AM
No, who files first is not a factor.
Spousal support, which used to be called alimony, is calculated based on an effort to maintain both parties' standard of living. Whether you're entitled or not can't be determined based upon the information you posted.
If the pension was earned or accrued during the marriage, yes, you're entitled to a share.
You should strongly consider consulting a local attorney and discussing your situation in detail!
Answered on Feb 25th, 2013 at 3:10 PM