QUESTION
What can I expect to get financially out of a divorce?
Asked on Mar 20th, 2014 on Divorce - Michigan
More details to this question:
My question is what can I expect to get financially out of a divorce. I've been married for 24 years. My husband and I have 4 children together. 3 are grown and our youngest is only 14 and lives with me. I was in an abusive relationship, verbally and sometimes physical. Husband arrested a few times. not a good marriage. I am a christian with a strong faith and belief in God. Spent a lot of time praying things would get better. He got worse by 2012 I didn't no who i was living with. just crazy. never came home, wasted all the money gambling, cheating, he started drinking and would spend all night at the casino until he had lost every dime. In 2012 I knew I had to leave, we only had the one child left at home. we moved in with my oldest daughter and husband. I had to apply for welfare and foodstamps until child support enforcement started taking the money from his checks cause he didn't pay it. I also got some spousal maintenance. Now I want to file for divorce, he said he wouldn't give me another dime. That he would retire and leave the country before I get a dime of his pension. I did work part time off and on to help with the kids clothes, school activities, food, etc. He would pitch a fit about that, because he said as little as I made that I needed to stay home. He didn't want me to go anywhere. Then I started having some health problems and a couple surgeries so i just stayed home from then on and was a homemaker. My husband has worked for the same job for almost 38 years he is 63 years old and have thrift savings but I received a letter to notify me as his wife he had withdrawn money from that, and he has a pension. His first wife was awarded 5,000 in her divorce of his pension back in 1981, they weren't married long. and she always worked full time. I just want to know when I file for divorce what are my options. could I get 50% of what he has. Thank You Debbie
7 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Yes you will get 50% or more. Make sure when you file that you make a motion that freezes is thrift account and requires him to put back what he took out. Get a lawyer since all this should have been done when you moved out.
Answered on Mar 21st, 2014 at 2:19 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Each divorce is unique and there are no standard set rules in property distributions. I am troubled by "thrift savings but I received a letter to notify me as his wife he had withdrawn money from that, and he has a pension" Its a good change you will get half of his income, pension, and assets.. but you will need a good attorney.
Answered on Mar 20th, 2014 at 5:53 PM
You are entitled to on half of his pension, child support and probably spousal support.
Answered on Mar 20th, 2014 at 5:53 PM
Debbie, First of all, I am so sorry to hear that you have had to endure such pain throughout your marriage. As for his pension, you are entitled to a portion of the marital portion of his pension, will that equal 50% of what he has, not quite b/c he's been on the job longer than he's been married, meaning you would be entitled to a portion that he's earned in the last 24 years (not the entire 38 years) . He will have to continue to pay child support until the child is emancipated and he will more than likely have to continue to pay maintenance, at least for a couple more years.
Answered on Mar 20th, 2014 at 2:01 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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With a marriage of that length, you should get one-half of all of the assets that were acquired during your marriage.
Answered on Mar 20th, 2014 at 1:59 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You are entitled to 50% of the community property (including pension and 401k) and 50% of the debt. Because of the abuse, you may be able to claim spousal maintenance in Idaho. Also, you may be able to claim it if you are not able to be gainfully employed for a while, i.e. you need additional training. If he closes out the pension or 401k and leaves before the divorce and leaves the country, you may have a problem. However, if you file immediately and get an injunction to prevent him from taking anything out of the retirement, chances are you will get your portion of the retirement. A local family law attorney will be a big help.
Answered on Mar 20th, 2014 at 1:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should be entitled to approximately 50% of the marital estate under the facts described. Do not wait, as it appears he is dissipating the assets.
Answered on Mar 20th, 2014 at 1:22 PM