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What am I entitled after 16 years of marriage? We have two children aged 14 and 9 years old. Also, I have not worked in the past 10 years. Am I entitled to any of my spouse's retirement after divorce?
20 ANSWERS
The law presumes 50/50 in division of assets, and has to review support matters as well. But you have to assert/ask for those things. Do not sign an agreement that does not give you those rights. You should meet with an attorney to review your situation in terms of all the aspects of divorce, from assets/debts, to support, and placement/custody.
Answered on Sep 12th, 2011 at 10:56 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You are entitled to one-half of all assets accumulated during the marriage, including one-half of your husband's retirement. As you have stayed home with the children, you may also be entitled to rehabilitative spousal support to assist you in getting back into the work force.
Answered on Sep 12th, 2011 at 9:20 AM
Roianne Houlton Conner
If you have been married for ten years or more and the retirement has been earned during that ten year period then you are entitled to up to one half of the retirement with the exception of some State of Alabama retirements.
Answered on Sep 12th, 2011 at 8:35 AM
Bankruptcy Attorney serving North Muskegon, MI
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Holmes Law Office
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You are entitled to a fair split of the property, including a portion of pensions and retirement accounts, you are entitled to spousal support contribution and to child support.
Answered on Sep 12th, 2011 at 6:43 AM
Generally, all property (including retirement) accrued during marriage is equally divided upon divorce. Also review the Child Custody, Child Support, and Spousal Support and Alimony pages. You should consult with expert family law counsel.
Answered on Sep 12th, 2011 at 5:33 AM
Patricia C. Van Haren
You would be entitled to 1/2 of all property which was acquired during the marriage. You may be entitled to spousal support and child support. In regards to the retirement, you will be entitled to 1/2 of the community interest in the retirement. In order to fully understand what you are entitled to you, you should contact a family law attorney to discuss the particulars of your case.
Answered on Sep 09th, 2011 at 8:45 PM
Steven D. Dunnings
Depending on the circumstances, you could be entitled to at least 50% of all marital assets and debt including a portion of his retirement benefits. You might even be entitled to spousal support for a period of time.
Answered on Sep 09th, 2011 at 1:08 PM
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In Louisiana you may be entitled to temporary spousal support while the divorce is pending and for up to six months thereafter. You may be entitled to receive child support for the support of the children, if you are awarded primary custody of the children. Louisiana is a "community property" state, meaning that you each share in both the assets and liabilities that were created during the marriage-which means you are responsible for the bills but share in all of the assets-including a share of your husband's retirement, if earned during the time you were married. The fact that you have not worked in ten years, if by the agreement of your husband, may make you qualified for a more permanent spousal support. Permanent spousal support is based upon your being in "necessitous circumstances," and is limited to the amount that it would take for you to be able to make a bare living.
Answered on Sep 09th, 2011 at 1:07 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You are entitled to a fair share of all marital property. That includes a fair share of the portion of the retirement that was earned or contributed during the marriage. There are no simple, fixed rules for deciding what is "fair". But, if you and your spouse cannot agree to what is fair, a judge will usually start by looking at 50/50 split of the overall total - not necessarily 50/50 as to each individual asset. You may be entitled to spousal maintenance (alimony) if the financial situation justifies it and child support will be required. Because there are no simple rules for any of these potential entitlements and final decisions require evaluation of all the relevant facts, you need to consult an attorney to obtain a more comprehensive explanation to identify reasonable expectations in your case.
Answered on Sep 09th, 2011 at 12:49 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You can get divorced. In Washingtin, the court will make a fair and equitable division of all of the property and debt.
Answered on Sep 09th, 2011 at 12:47 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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You are entitled to your community property share of the assets. This would include any retirement accounts earned during the marriage. You may also have a claim for alimony, child support, etc. With the length of marriage it may be best to consult with a divorce attorney.
Answered on Sep 09th, 2011 at 12:30 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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In very general terms, 1/2 of the property acquired during the marriage (as well as 1/2 the debts) are community property, subject to an equal division. You own 1/2 of the community property portion of the retirement. You should also be entitled to spousal support (for a term equal to approximately 1/2 the length of the marriage). Child support will also be awarded, but it is partly dependent on the timeshare.
Answered on Sep 09th, 2011 at 12:24 PM
You should get something out of the divorce. The statute says that the court is to make a fair and equitable division of all of the property. There are a number of factors that the court is supposed to consider in reaching that division. If the court is going to divide the property, it first has to classify it. All of the property is going to be classified as your separate property, her separate property, or community property. Which of these classifications a particular piece of property falls into will depend on how and when the property was obtained. In most cases, property obtained during the marriage will be community property. Once the property is classified, how it gets divided will depend on a number of factors. Some of the factors that the court may consider are: the duration of the marriage, the ages of the parties, the health of the parties, the educational background of the parties, the employment history of the parties, and each party's future prospects. The court then has to come up with what the court believes is a fair and equitable division of all of the property using these and other factors. Now, if there is enough community property so that the court can come up with a fair division using just the community property, the court will generally do that. However, if there is not enough community property for the court to reach what it believes is a fair division, then, it can invade separate property. Beyond this, there is no way for me to even begin to predict what you might get in a divorce without a detailed analysis of your situation.
Answered on Sep 09th, 2011 at 12:20 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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Generally one is entitled to alimony after 10 years of marriage taking into account the education, past earning, potential earning, the health of spouse seeking alimony, and the length of the marriage. After 16 years of marriage as a homemaker you would be entitled to alimony and of course child support should you be the custodial parent. You could also be awarded one-half of your husband's retirement.
Answered on Sep 09th, 2011 at 12:19 PM
Gary Moore
Your question really requires a complex answer. I will give you the simple version, but you should confer with an attorney in his office to get the better information. Assuming that you were the dependent spouse you are probably entitled to permanent spousal support. Additionally, ALL assets acquired during the marriage, which are not received as a gift or inheritance, are subject to equitable distribution between husband and wife.
Answered on Sep 09th, 2011 at 12:17 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You are entitled to an equitable share of the marital assets, including the retirement benefits, child support and probably spousal support.
Answered on Sep 09th, 2011 at 12:17 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You are entitled to any asset (including retirement) that was accumulated during a marriage. You may be entitled to maintenance also.
Answered on Sep 09th, 2011 at 12:15 PM
Generally speaking, each spouse is entitled to receive half of any assets (and debts) that accumulated during the marriage. I recommend you speak with an attorney to determine whether you might be entitled to request an award of spousal support as well.
Answered on Sep 09th, 2011 at 12:00 PM
If your spouse worked at a company during marriage that provided him with a retirement account, then you are entitled to 50% of the value of the retirement at the time of separation. In addition you should be making a claim for spousal support and child support. OF course you need to immediately meet in person with an experienced family law firm so your rights can be protected.
Answered on Sep 09th, 2011 at 12:00 PM
Glen Edward Ashman
Since we have no numbers there's no way to answer. You can possibly seek alimony, assets and retirement plans. If you do this without a lawyer, things will almost certainly go badly, so get a good lawyer.
Answered on Sep 09th, 2011 at 12:00 PM