More details to this question:
Married 24 yrs, my marriage have fallen apart due to financial problems, which has damaged our relationship. I am a stay at home mom to care for our special needs son. My husband (50) took over our finances 2 years ago. We have lost our home of 20 yrs, our boat, now hiding cars due to his decisions. He decided to retire and get a new job. I want a divorce, what are my rights? I have no income, and take care of our son primarily, what am I entitled to ? What about his retirement, if so, do I need to act now before he retires.
3 ANSWERS
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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It does not sound like you have many assets to divide. You have a marriage of long duration. Spousal support is based on your needs and his ability to pay. You would be allowed a portion of his retirement that accrued during the marriage. You would be entitled to child support if child under 18.
Answered on Dec 07th, 2012 at 1:35 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need a lawyer and to file for divorce. You will be able to get spousal support and additional for child support if any of your children is 18 or younger. You should be entitled to half of his retirement, if he is eligible to receive it now, otherwise you will have to wait until he is eligible to retire. I cannot give more specifics without knowing your income and his income.
Answered on Dec 07th, 2012 at 12:37 AM
You are entitled to one half of all of the assets accumulated during the marriage, including the retirement. You are also entitled to support due to the length of your marriage. Depending upon the options he has at retirement, it may be in your best interest to act now. You should consult a family law attorney and review all of the facts and decide how to proceed.
Answered on Dec 06th, 2012 at 12:24 PM