QUESTION
How can I keep most of our assets in the divorce settlement?
Asked on Nov 29th, 2013 on Divorce - New Jersey
More details to this question:
I have been married for 20 years to a man that has not held a steady job during that entire time, and has contributed virtually nothing financially to the marriage. We have a teenage child who has some clear mental health disorders. My husband has recently decided that he wants a divorce. I only recently found out from his relatives that before we were married, he was institutionalized for electroshock therapy for bi-polar disorder. He never shared this information with me, nor the fact that he decided long ago to stop taking medication for it. I see many characteristics of bi-polar disorder in our child, and I would not have ever married him, had he disclosed this very material fact to me. In light of these facts, and the fact that he is divorcing me, I feel that I should not have to pay him anywhere near 50% of our marital assets. Do I have a case for keeping most of our assets in the divorce settlement based on these material omissions?
7 ANSWERS
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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You have a very serious uphill battle. Do not wage the battle without competent counsel The problem is that your husband could end up on welfare. The Court's role (unspoken) is to prevent this if it can. You're still entitled to 1/2 the maritlal estate, but have to deflect the risk of supporting him through spousal support.
Answered on Dec 04th, 2013 at 10:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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A bit, get a good attorney as you are the one who is going to be left with the burdens.
Answered on Dec 04th, 2013 at 10:26 PM
The quick answer to your question is NO. My suggestion is that you consider Mediation. Mediation is Fast, Effective and Affordable. Both you and your spouse must agree to it before it can happen, but that could lead to an acceptable resolution. Good luck.
Answered on Dec 02nd, 2013 at 7:10 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably not. Turn it around. Suppose you were the husband and your wife stayed home. The wife would still be entitled to 50% of the assets. Having said that, there may be reasons why you would get more, but those depend on a lot of facts. You need to talk with your attorney and if you don't have one, I suggest you at least consult with one, regarding the issue.
Answered on Dec 02nd, 2013 at 6:02 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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In most courts of law, I would say no, you do not have a case, especially after 20 years of marriage. If you are in Florida, he will get half of whatever was accumulated during the marriage.
Answered on Dec 02nd, 2013 at 6:02 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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The bad news is that your husband's "omissions" about his health probably won't help you get more than 50% of the marital assets. The good news is that you may be eligible for more than 50% of the marital assets if you can prove that your husband did not serve as a homemaker and did not contribute equally to the acquisition of your assets. You should consult with an attorney with experience in family law cases to see if there is more good news or bad news in your case.
Answered on Dec 02nd, 2013 at 6:02 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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A marriage is considered by the court to be a partnership. You stayed for 20 years with the man who could not maintain employment and you enabled him to be unemployed. Apparently, his mental health issues did not cause the marriage to fail so they may not be really important now. Your husband, as a partner, still has to provide for the special needs child. You need a lawyer to put a settlement together that will be acceptable. However, in general, he owns 50% of the assets and 50% of the debt.
Answered on Dec 02nd, 2013 at 6:01 PM