Will I be entitled to alimony, spousal support and half of my husband's pension?

Question

My husband and his mistress have given me lots of evidence of their cheating. My question is, since we have been married 20 years and I have been a homemaker during that time, my children all in college, will I be able to get alimony, spousal support and half of his pension and social security?

John Kirchner · Answer

Cheating by either party is totally irrelevant to your question. You will be entitled to claim a "fair share" of all marital property and to ask for spousal support. Whether you get what you ask for depends on the facts and whether your husband agrees or if it will require a judge to make the decision.

Joanna Mitchell · Answer

Under Florida law, it may be possible, as it is a long term marriage, if all of the necessary factors are there. You need to consult with an attorney though in order to best determine your potential rights and options.

Cathy Cook · Answer

In divorce, you are entitled to one-half of all property acquired during the marriage, including pension benefits. As for spousal support, you are definitely entitled to that. The issues will be how much and for how long. You should consult a local family law attorney to assess that issue.

Barbara Peyton · Answer

In California your husband's cheating is irrelevant to the distribution of wealth accumulated during your marriage. You are entitled to one-half of all assets including retirement benefits acquired during your marriage. If an asset was acquired by inheritance that is usually not subject to division. You are entitled to receive spousal support but remember that it will be based on your need balanced off against his ability to pay. Depending on your age, you might be ordered by the court to seek employment. Under federal law, once you have been married for more than ten years, you have the option to take social security under your own account or that of your husband.

Mark T. Peters · Answer

How long as the affair been going on? If you have been aware of it for more than two years, then adultery will not matter a lot. If less, you might be able to use that as a means to get more than 50% of the community property. Have you graduated high school? Have you gotten an advance degree or certification? If no, then you may be eligible for some spousal support - normally for a period of time so that you can get the training necessary to get a job. Again, if the adultery has been less than 2 years, that might give you a little more in spousal support. You are entitled to of the pension for the period of time that you have been married. If the pension started when you got married and he is now collecting, then you should get. If he started earning the pension 10 years before you got married, then you would get ? of 2/3 of the pension. The devil is in the details and your attorney will help figure it out. You will not get any of his social security. It is not allowed under Federal law.

Annette Sandoval · Answer

Arizona is a community property state so assets and debts accrued during the marriage require equitable (usually equal) division. Spousal maintenance however is dependent upon many factors such as length of marriage; financial disparity between the parties; your earning potential upon divorce and what sacrifices of your career were done to benefit the marriage or enhance his career. I would suggest contacting an attorney to discuss your case in detail.

Marc John Weinpel · Answer

As to pension yes- 50% -as to social security - yes but is based on earning record-  As to spousal support - more info is needed.

Eric Lumberg · Answer

It is very possible that you will be entitled to support and other assets. Consult with an attorney to discuss further.

Erin Farley · Answer

I am sorry you are going through this. Community property begins to accrue the day you were married, and continues until separation; therefore, you have a 1/2 interest in all property, which would include payments into the pension during that time. Spousal support (while the dissolution action is pending) is based on income. You have a long-term marriage and therefore you may be entitled to lifelong support. The length of your marriage also qualifies you for the social security benefit based on your husband's earnings.

Elizabeth Jones · Answer

Alimony is the same thing as Spousal Support.  We no longer use the word Alimony in California.  Spousal Support is intended to help the lesser earning spouse become self supporting.  So the answer to your question is yes, probably. The amount and length of time depend on what is known as the 4320 factors.  You should consult an attorney to understand how that will affect you As for retirement you are entitled to your community property interest in that. From date of marriage to date of separation. Again consult an attorney.  You have your own rights to Social Security.   You can get that information from the Social Security Administration.

Richard Jacobson · Answer

Alimony, maintenance and spousal support all mean the same thing.  Based on these facts you are a good candidate for maintenance, but there are other factors which the court will consider, including your spouse's earnings, your own education and earning capacity, how long it will take you to get whatever training you need to return to the work force, etc.  Generally speaking, a court begins considering division of assets, including retirement funds, with the presumption of a 50/50 division, but the law provides about 10 or 12 'equitable considerations' permitting a court to deviate from that division.  You would do well to find a skilled marital lawyer to advise and represent you.

Anne Howard · Answer

Half of everything but his social security during the marriage.  That means until you separated. Sounds like you separated some time ago. Don't wait to file.  You don't want the court to think you don't need support or him to move money around.

Tajara Dommershausen · Answer

Depends on many factors, and cheating isn't one of them, but it is likely you would get maintenance and 1/2 the pension.

Monica H. Donaldson Stewart · Answer

His infidelity is irrelevant to the situation. I cannot tell you whether you would be entitled to receive spousal maintenance without knowing more about the family financial situation. Generally, you are entitled to receive half of all assets and debts that accumulated during the marriage. This would include his pension. Social security is separate from the divorce. Again generally, if you were married for more than 10 years, then you would be entitled to collect your own social security or an amount equaling 1/2 of his, which ever is greater (but even if you collect 1/2 of his, it does not diminish the amount he receives). I recommend you consult with an attorney for additional specific guidance.

Stanley Stephen Spring · Answer

Certainly for all you mentioned save social security. Not certain of that issue but probably so. In addition, you are also entitled to half of the community property assets. You should seek counsel immediately since community property dissolution means you get half the assets but also half the liabilities. It is not unknown that one party runs up debt (community debt) by loans and on dissolution the other spouse gets detrimentally impacted since their share is half the assets and half the liabilities (including the loans from which they didn't see a dime).

Frances Headley · Answer

You should be entitled to spousal support and one half of the marital assets.  His cheating will be irrelevant to those determinations as California is  no fault state.

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Will I be entitled to alimony, spousal support and half of my husband's pension?

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