Would be able to get half of my husband pension and his annuity?

This is a great question. First, based on the fact that your marriage is seventeen (17) years in duration, it is important to note that under Florida law you should be able to make a claim and potentially recover what would be labeled as "one half of the marital portion of his pension and annuity," provided it was earned during the marriage. The "marital portion" obviously would be the amount that was generated/created during the actual seventeen (17) years your marriage has been in existence. A bigger question will pertain to child support which will be calculated based on the amount of income he earns and an imputation of income, at the minimum wage level, to you. These numbers are fed into a child support guidelines calculator and after factoring in items such as insurance and child care, a statutorily based amount is determined. Finally, as for your home, it may be subject to equitable distribution, wherein it could be directed to be sold on the open market or your husband may agree or be ordered to buy you by paying you your share of the equity. Please note, however, that the item to which you will need to pay particular attention with regard to disposition of the home is that if a debt is still on the home and your name is associated, it will be wise to force a sale or a refinance to insure your name is removed from the mortgage and note.

Child support is based upon your earnings as well as those of your husband. If you do not have any earnings, a Court can consider what you would be capable of earning. Insofar as the division of assets, all assets that were acquired during the marriage are going to be divided. With a 17 year marriage, you would most likely be awarded 1/2 of all of the assets that were acquired during the marriage.

If you are in Florida, any and all assets, including the house, his pension, his 401k or any other asset are half yours, regardless of whose name they are in. You should consult with an attorney in order to best determine your potential rights and options.

Arizona is a community property state. What this means is the essentially you and your husband each have an undivided one half interest in all the property accrued during the marriage. There are factors, such as, an inheritance, or a substantial gift to one of you might be considered separate property, and not subject to division in a dissolution, if that item has been kept in a separate account, and not put into a joint account. You should consult with an experienced family law attorney in your area to discuss your potential right to spousal maintenance, and how child support would be calculated. Also you could get an idea of how the respective assets might be divided.

In Texas you can generally expect to be awarded half of all pension funds, annuities and other kinds of property accumulated during the marriage.? Anything portion of any property he (or you) might have acquired before the marriage will generally be treated as separate property.? For four kids, if he has no others, you should get something like 35% of his monthly net resources as child support.? But these are general rules only, and much depends on the facts of your case.? You need a lawyer.? Please don't try to do it without one.

You should consult with an attorney right away since you have multiple issues that are not easily answered here without knowing more specifics or which you should just try to handle on your own. Especially since it sounds like you are the one who will be leaving and initiating the separation. But generally speaking, as for what you might be entitled to, child support is pretty much by formula (looking at gross income of the parties, some credits for whoever pays child care and health insurance and factoring in primary or split custody).

Child support is based on income, not assets. There is a math formula mandated by the legislature. You would be entitled to 50% of the retirement assets earned during the term of the marriage. Alimony/spousal support is discretionary with the judge.

Ma'am: Generally, at the time of divorce, all assets and debts that were acquired during the marriage are split evenly. That means that if there is a pension/ annuity that was earned during the marriage, it can be split evenly. However, there are a lot of factors that go into something like that and we would need to know all of the facts of the case before advising you one way or the other. In terms of child support, yes, provided that you are the custodial parent, you would receive child support. How much you receive would depend upon both of your incomes, how many children you have, etc. I could give you an estimate at a consultation. Lastly, yes, you will be able to move. Furthermore, you may be able to gain a substantial portion of the equity in the marital home in a divorce action. Everything above is a recital of basic South Carolina family law principles. However, the law is complicated and I would need more information to actually advise you in your situation. Please contact our office if you need more information. Thank you,

Each of you are entitled to one-half of everything acquired during marriage unless it was acquired by inheritance or gift to one or the other of you. Child and spousal support are based on a balancing of both parties' incomes and the percentage of time each party spends with the children. You will not be left with zero.