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I've been with my husband since 1991 married in 1997. He said I can only get the value of our home. I wanted an egg nest half his retirement, alimony and I am left with nothing. I haven't been able to find work for 3 years and basically I need to know my rights and what I'm entitled to. He said not much of anything, but if I fight him then there is going to be a problem. He said he would pay off my car and help me find a condo in town to buy in cash. He said he would keep me on his medical insurance, but I'm not sure if they can do that? I just need some information. I was taken in my first marriage which was only 7 years. This husband moved me to Nevada and is promising me that he would never leave me stranded. I would really like to have a nice calm divorce if not I guess I will have to fight him. By the way I'm 55 and this is not a wonderful time to be displaced. Any information will help and I need it fast.
15 ANSWERS
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Are you in WI? If yes, then you are entitled to anything that was accumulated during the marriage.
Answered on Jun 25th, 2013 at 1:10 AM
Is this for a wisconsin divorce or nevada. Wisconsin you are entitled to 50% of all assets unless you had a premarital agreement. I don't know about Nevada law. Be sure to meet with some divorce attorneys in your state.
Answered on Sep 14th, 2011 at 12:56 PM
Roianne Houlton Conner
If you have been married for ten years or more and the husband's retirement was earned during those ten years you can be entitled to up to onehalf of the value of the retirement. Further, if you have been unable to work for the past three years you could be entitled to alimony.
Answered on Sep 13th, 2011 at 2:25 PM
Steven D. Dunnings
You really should hire an attorney. Since you have been married in excess of ten years, at a minimum, you will be entitled to 1/2 of any property accumulated during the marriage, including any retirement benefits, a portion of his Social security Retirement Benefits, and possibly spousal support for some period of time, if not for life, if you divorce in Michigan. From your posting, I am not sure if you are in Michigan or Nevada.
Answered on Sep 13th, 2011 at 12:35 PM
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Generally speaking, in Hawaii divorcing parties are entitled to an equitable share of the marital property. Typically this would entail half of what was acquired during the marriage this includes (1) property/assets that were obtained during the marriage, as well as (2) any increase in value on premarital property since the date of marriage. Where you have a long-term marriage and significant assets at stake, as well as concerns about support, you would be highly advised to speak with an experienced divorce attorney about the details of your situation.
Answered on Sep 13th, 2011 at 9:06 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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I cannot answer your questions with respect to Nevada law. Generally, however, your entitlement in a divorce case is to receive a fair share of the marital/community property acquired during the marriage. What is "fair" is either what you and your husband agree is fair, or what judge says is fair if you don't agree. Also, you are correct that keeping you on his health insurance after divorce is not possible - at least if it is any kind of employer provided group plan. You may be able to ask for alimony/spousal support, at least on a temporary basis, if you are unable to work. You need to consult an attorney in Nevada to get a more specific assessment of what to expect based on the facts of your case.
Answered on Sep 13th, 2011 at 6:44 AM
Theodore W. Robinson
Generally, you have the right to equitable (meaning fair) distribution of all marital property (defined as anything accumulated during the term of the marriage). You are also entitled to spousal support/maintenance/alimony for some period of time, depending upon your needs and his ability to pay. The same goes for attorneys fees for the divorce. If he is the moneyed spouse, then he will be directed by the Court to pay for your counsel fees at least up to the level of what he pays for his.
Answered on Sep 12th, 2011 at 3:50 PM
4 Awards
Your specific rights depend upon the law in the state where you live. If you are still in Nevada, it is important for you to contact and consult with a Nevada attorney immediately. If you were in Louisiana, you would be entitled to your share of the community property that accumulated while you and your husband were married, including half of assets that he put away for retirement during that time, together with half of the accumulated interest, houses, cars, furniture, etc. You would be entitled to at least temporary support while the divorce was pending, and that would probably include your medical insurance pending the divorce. You may be entitled to a period of support after the divorce, depending on whether or not you were at fault in the breakup of the marriage, and your ability to earn a living.
Answered on Sep 12th, 2011 at 3:18 PM
Glen Edward Ashman
Get a lawyer. You may be entitled to alimony, health coverage, the home and medical benefits, depending on details we don't have.
Answered on Sep 12th, 2011 at 3:03 PM
Family Law Attorney serving El Cajon, CA
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Law Offices of Sheryl S. Graf
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Upon divorce, all community property acquired during the marriage (including the portion of your husband's retirement accrued during the marriage) is divided in half. As you are currently unable to work, you would probably be entitled to an award of spousal support (alimony) sufficient for you to maintain the standard of living established during the marriage. Once your marital status is terminated in a divorce proceeding, your spouse will not be able to carry you on his group health insurance as a dependent. If you depend on his health insurance coverage, particularly if you have pre-existing health problems, you may want to consider requesting a legal separation instead of a divorce. As this information is general in nature, and should not be construed to be specific legal advice nor the formation of an attorney/client relationship, your first step should be to consult with a qualified attorney practicing family law and divorce who can give you specific advice based on a thorough analysis of your particular facts and circumstances.
Answered on Sep 12th, 2011 at 2:58 PM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Nevada is a community property state. Unless some exception applies to your case or there is a prenuptial agreement, then someone in your situation would be entitled to half of the community property accrued during the marriage. For example, if you and your husband accrued savings from either of your jobs or purchased assets with the income from your jobs, then you are entitled to half. Of course an amicable and cooperative divorce is helpful for everyone, but keep in mind that if your husband is not an attorney, then he may not be giving you the best advice on divorce law. You may be entitled to a temporary award of spousal support given the disparate income and the length of the marriage.
Answered on Sep 12th, 2011 at 2:58 PM
Gary Moore
You have considerable rights in a divorce. Ten years of marriage entitles the dependent spouse to permanent spousal support. You are also entitled to share in all marital assets acquired during the marriage, from the date of the marriage ceremony to the date of the filing of the complaint for divorce. You need to hire an attorney to protect your valuable marital assets. I should advise that what is acquired as a gift or as an inheritance during a marriage belongs to the beneficiary of same, alone.
Answered on Sep 12th, 2011 at 2:56 PM
You are entitled to maintenance (alimony) as well as a portion of his pension. How much depends on factors such as how long he has been on the job vs. the length of marriage.
Answered on Sep 12th, 2011 at 2:55 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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It's not clear where you are. If you are able to file for divorce in Washington, obtain service over your husband, and the courts here have jurisdiction over what you care about, you may be able to get maintenance and a fair and equitable division of your assets and debts.
Answered on Sep 12th, 2011 at 2:55 PM
Patricia C. Van Haren
In California, you may be entitled to spousal support for at least of the time of the marriage. You will also be entitled to your community share of the home as well as a community share of his retirement. In order to fully assess your rights, you should confer with a family law attorney.
Answered on Sep 12th, 2011 at 2:53 PM