What am I entitled to on a divorce?

Question

I am married for ten years. We are divorcing. What am I entitled to? He has a $401,000 and we have a house.

Joanna Mitchell · Answer

Detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at http://www.mitchell-pa.com/FAQ_Main.html.

Melvin Franke · Answer

Hire an experienced divorce attorney.  It depends upon the facts.

George Seide · Answer

In general you are entitled to half of the community assets and as you have a long term marriage (10+years) you could secure spousal support for many years.

Monica H. Donaldson Stewart · Answer

Generally, each party is entitled to an equitable share of marital assets and marital debts. Equitable usually means equal. I recommend you speak with an attorney to get additional advice/guidance regarding what you can expect in a divorce.

Janis Blough · Answer

An experienced attorney can help you secure your right to half of the marital estate (all property and monies  including pension/retirement accounts  acquired during the marriage).  The marital estate includes everything purchased or gifted to both of you during the years of your marriage (individual gifts are not marital property, earnings, bank accounts, vehicles, boats, jewelry, real estate  everything.  Ordinarily its divided equally between you, but be careful not to bite off more than you can chew:  If you keep the house, you'll have to by out his equity interest, pay mortgage and taxes, utilties, insurance, etc.,  pretty tough without a steady and substantial income.  You may be entitled to spousal support, but your lawyer will have to help you with that.  There are many factors involved.  Good Luck!

Helene Ellenbogen · Answer

Unless you had a prenuptial agreement, everything earned or acquired during the marriage is community property and must be divided equitably. Unless he had the $401,000 prior to the marriage, this is community property regardless of whose name is on the asset.

Steven Alpers · Answer

Normally, half of everything earned during marriage from his or your work.  Possibly child or spousal support.

Debra L. Palomino · Answer

Unless you have a valid prenuptial agreement, you are entitled to your community interest in all community assets.

James Albert Bordonaro · Answer

In Kansas, you will generally split all property including the 401K account equally.  You will also be entitled to alimony.

Rebecca Rainwater · Answer

California is a community property state and each party is presumptively entitled to 50% of the community property. However, there are many factors that go into property division so it is best to talk to a family law attorney regarding your specific situation.  Also, a marriage of 10 years or more is considered a marriage of long duration in California.  Spousal support is discretionary and many factors are considered in determining the amount and the duration.  Every parties circumstances are different and there is no way to determine all that you would be entitled to without having all your specific information.

Leonard A. Kaanta · Answer

1/2 the value of the house, 1/2 of his 401k, 1/2 of any other assets.

Kevin Bruning · Answer

There is a presumptive 50/50 split in Illinois, though you should discuss with an attorney any extenuating circumstances that may entitle you to a different amount depending on contributions to the marriage.

John Brennan · Answer

It generally start at 50% of the property and debt accrued during the marriage.  You NEED an attorney.

Suzanne H. Lombardi · Answer

In Alaska the presumption - where the judges start from is 50/50.  If his $401,000 is an inheritance or a gift it may not be marital property. The house will depend on how much equity is in it and if it is a marital home.  An attorney can help you determine how much you should receive and fight for your rights to various properties.  More information is necessary to answer your question completely.

Harry Roth · Answer

You are entitled to half of what was acquired during marriage, except from inheritance.  Get a lawyer.

Brook Goddard · Answer

A key part of a lawyer's job during divorce proceedings is to identify and value all of the separate and community value, and then to assist in negotiations and/or trial regarding the division of those assets (and debts).  You may very well be entitled to 50% or more of all of the assets (i.e. the $401,000, the house, and other assets), depending upon a number of various legal factors.

Maxwell Livingston · Answer

It all depends on the facts of the case, but, as Wisconsin is a Community Property state, the presumption is half. 

I welcome you to email, so that I can represent you well in the case (to get you the best results).

Glenn Tanner · Answer

A fair and equitable division of your assets and probably maintenance.

Michael Dehaven · Answer

No one can answer the question you posed, because Maryland courts don't view property distribution in divorce cases in terms of what the parties are "entitled to." 

Rather, Maryland courts view property distribution in divorces in terms of "equity." In other words, if the parties cant agree on a fair distribution of marital property, a judge will decide the issue based upon several factors. 

Moreover, a judge can only determine the equitable distribution of "marital" property. Considering the amount of property involved, you need to consult with an experienced family law attorney who can obtain additional facts that relate to the above factors; fully explain the concept of equitable distribution of marital property; and, give an opinion on what may be a "fair" distribution based upon the additional facts.

Steven D. Dunnings · Answer

At least half. Hire an attorney

Ruth Emily Vogel · Answer

Generally speaking you are entitled to half of the community property. 

That amount can increase or decrease depending on several factors which need to be evaluated, such as future earnings potential of each party, needs of the children, etc.  

Community property is the value of any asset acquired during the marriage or the increase in value of an asset brought into the marital community.

Gregory Crain · Answer

Half the marital assets and half the marital debt.

Frances Headley · Answer

You are entitled to one half of all assets accumulated during the marriage.  You should consult a  family law attorney to review all of the facts and determine the probable community property split.

Karen Davidson · Answer

Typically 1/2 of what was acquired during the marriage but there are many other factors to consider.

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