QUESTION

Can I receive 1/2 of everything from my marriage?

Asked on Jul 05th, 2011 on Child Custody - Georgia
More details to this question:
I have been married for 3-1/2 years. We have been together for 27 years. If I divorce my husband will I be entitled to half of everything? His retirement is probably twice as much as mine, plus he receives money from various investments.
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16 ANSWERS

William C. Gosnell
No, only half of what was acquired in the last 3 1/2 years.
Answered on Jul 04th, 2013 at 2:46 AM

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Divorce Attorney serving Brookfield, WI
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WI law starts at a 50/50 division of property. It can be argued (both ways) to deviate from that for various reasons. You definitely need to work with an attorney given you have been together 27 years, but only married 3.5 years.
Answered on Jul 07th, 2011 at 9:54 AM

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William Guy Pontrello
Its "equitable distribution" not "community property", you will only get some portion of the 3-1/2 years.
Answered on Jul 07th, 2011 at 9:48 AM

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Bankruptcy & Debt Attorney serving San Diego, CA
If you live in CA, you are entitled to a 50% share of all community property (property acquired during marriage).
Answered on Jul 07th, 2011 at 9:47 AM

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Steven D. Dunnings
You cannot recover for anything acquired during your period of cohabitation unless you can prove ownership. Basically, you are looking for "Palimony" for the years you live together while unmarried. Michigan does not acknowledge that situation as being the same as marriage (Michigan does not recognize "Common Law Marriage").
Answered on Jul 07th, 2011 at 9:36 AM

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Criminal Defense Attorney serving Dunedin, FL
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Only half of the marital assets (those acquired during the marriage). Based on the duration that you were together, you may be entitled to some form of short term alimony such as bridge the gap, but not half of all assets. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Jul 07th, 2011 at 9:20 AM

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You will only be entitled to half of what was acquired during the marriage. As for retirement, you will be entitled to half of what was earned during those three and a half years.
Answered on Jul 06th, 2011 at 4:27 PM

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You need to consult a domestic relations attorney for successful pre divorce planning. In general, you will be enitled to half of the marital assets. Those are the assets collected during the term of the marriage. Ohio is not a common law marriage state, so it is likely you will get one half of the money contributed to the 401(k) during the last 3.5 years. But please see a local attorney for complete information.
Answered on Jul 06th, 2011 at 4:27 PM

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For the sake of clarity, I need to make a couple of assumptions. First, I assume that you two have been together in some fashion for the last 27 years. Second, that 3 years ago (about) the two of you got married. Third, that you are now about to file for divorce. You ask if you can get "half" of all of the property. Maybe. You might get half. You might get more than half. You might get less than half. There are a number of factors that have to be considered. First, the statute says that the court is supposed to make what the court believes is a fair and equitable division of all of the property. Some of the factors that the court is supposed to consider in deciding what "fair and equitable" is include: the ages of the parties; the health of the parties; the work history of the parties; the education of the parties; the nature and extent of the separate and community property; and the duration of the marriage. Second, the courts deal with marriages differently depending on the duration of the marriage. The case law says that in a short term marriage (less than 7 years), the court is, to the extent practicable, to put the parties back into the positions they were in just prior to the marriage. So, if we only look at your 3 year marriage, this would be a short term marriage, and you might well end up with less than half of the property that is out there. Further, only the property accumulated during the 3 years of marriage would count as community property. Third, in Washington, there is a thing called a "meretricious relationship." There are a number of technical requirements that have to be met before a court would say that you are in a meretricious relationship. If you meet all of the technical requirements of a meretricious relationship, this could be to your advantage. That is because the court then considers (for property division purposes) the entire 27 years of the relationship and not just the last 3 years. All of the property accumulated during the relationship would be what is called "quasi-community" property. This could definitely be to your advantage. Because the requirements for a meretricious relationship are technical, and because the difference could be quite large, you should hire an attorney to represent you with your situation.
Answered on Jul 06th, 2011 at 2:57 PM

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Family Law Attorney serving Baton Rouge, LA
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You can receive half of the assets and liabilities created during your marriage. Without a written donation of the portion of retirement and investments earned while you were not married, you will not be entitled to receive from that property.
Answered on Jul 06th, 2011 at 2:56 PM

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Family Attorney serving Seattle, WA at Seattle Divorce Services
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Under Washington law community property (property that is acquired during the marriage, but not by gift or inheritance) is divided in a divorce, but not necessarily 50/50. You might receive more or less than 50% of the community based on a number of factors including how much separate property each party has and what the relative earning power of each party is. Also, since you lived together for a long period of time prior to the marriage, the court would also need to look at your relationship during that period to decide whether property acquired during that period should be treated like community property.
Answered on Jul 06th, 2011 at 2:40 PM

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General Civil Trial Practice Attorney serving Beaverton, OR at Vincent J. Bernabei, LLC
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You are entitled to receive of everything acquired during the marriage. In addition, if you were in a "domestic partnership" (unmarried cohabitation) for 27 years, you may be entitled to receive an equitable share of property acquired during the partnership. At a minimum, you should be entitled to spousal support (alimony) on a long term basis when you divorce. You should contact an attorney to determine your rights.
Answered on Jul 06th, 2011 at 2:40 PM

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First, it sounds like you may have been in a quasi-marital relationship before the marriage. That will have to be established first. Second, the length of the relationship is only oneof many factors the courtlooks at to determine what isa fair and reasonable division of your debts and property. Therefore, you may be entitled to more or less than 50% of everything depending on these factors. See an attorney. Consider using the collaborative process to solve your differences.
Answered on Jul 06th, 2011 at 2:38 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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No. By law, you are only entitled to a fair share of the marital property. That may or may not be "everything" because the first requirement will be to separate the marital property from any separate property. A "fair" share may or may not be exactly 50% that partly depends on what kind of property is in dispute and how it was acquired. It also could depend on what you and your husband agree is fair; a judge will only get involved if you and he cannot agree to what is fair. For the property issues, the 24 years you were together but not married doesn't necessarily mean much - particularly his retirement pension - because property that is acquired before marriage is not entitled to the presumption that it is marital property. That presumption only applies to the actual period for which you were married. But, again, those legal rules do not prevent you and your husband agreeing to anything you both agree is fair.
Answered on Jul 06th, 2011 at 2:37 PM

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Family Law Attorney serving Everett, WA at Burkhalter Law PLLC
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The court will make a fair and equitable division of your assets and debts (not necessarily 50/50). Although you have only been married for 3.5 years, if you can demonstrate you were in a "committed intimate relationship" for the full 27 years, the division of assets and debts may apply to property acquired over the entire relationship.
Answered on Jul 06th, 2011 at 2:33 PM

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Glen Edward Ashman
Georgia is not a community property state, so there is no 50-50 division. Georgia does do what is called equitable division of property, in which a court would decide what, if anything, is to be divided and in what percentage. Having a good lawyer, especially as to pension division, matters a great deal.
Answered on Jul 06th, 2011 at 2:33 PM

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