QUESTION
What is my fair share of property and financial support after having married only 3 years?
Asked on Oct 01st, 2014 on Divorce - Florida
More details to this question:
I have been married only 3 years. I moved in to a house he acquired before we were married. The car that I drive since we bought it is in his name and he wants to sell it. He does have an old pickup truck. He gave me his old guitar as a sort of wedding present that he now wants to take back. I earn only $1,600 a month, he earns twice that amount. We have a combined debt of 16,000. I have a 17-year-old son (not his) in senior high.
5 ANSWERS
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Generally, any marital property and any marital debt acquired from the date of marriage to the date of filing divorce is subject to equitable distribution, preemptively on a 50-50 basis. The house he acquired prior to the marriage is likely his separate, non-marital asset, though there may be some marital characteristics upon which you may be able to assert a claim, like if he used income earned during the marriage to pay the mortgage or make improvements. If the car was purchased during the marriage, it doesn't necessarily matter how it was titled, as it will be a marital asset subject to equitable distribution by the court. If he gave you the guitar as a present after the date of marriage, then it will likely be a marital gift and will be subject to equitable distribution by the court. You may possible be eligible for some short term or temporary support/alimony, but if so, it is unlikely to be for very long. Your husband has no obligation to contribute to the support of your son, unless he legally adopted him. You should consult with an attorney to get detailed information on your specific case after a full discussion with them.
Answered on Oct 02nd, 2014 at 3:12 AM
John Arthur Smitten
You get half of all marital property, alimony you may get a few months of maybe 600-700 per month that's about it. Use of a lawyer is recommended.
Answered on Oct 02nd, 2014 at 3:12 AM
I suggest you consider Mediation. Mediation is fast effective and affordable. In mediation it can be to determine what you're entitled to and what he is entitled to. Good luck.
Answered on Oct 01st, 2014 at 11:32 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to go see a family attorney for a full dialogue about your circumstances.
Answered on Oct 01st, 2014 at 11:09 AM
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Generally, all marital assets and debts are subject to Florida's equitable distribution scheme. Your marriage is considered to be a short-term marriage where an award of spousal support is unlikely. It would really serve your interests to consult with a divorce attorney in your area for further guidance after an in-depth evaluation of all the pertinent factors. Good luck!
Answered on Oct 01st, 2014 at 11:08 AM