If my husband and is married for 9 years in May of this year but separated a year ago what am I legally entitled to? 12 Answers as of February 17, 2014

He bought the house before we were married so I know it is his. He didn't start the retirement until after we were married and we have purchased a 4 wheeler and boat during our marriage. We have a son together and recently he has cancelled me off of our health insurance. I don't have the money for an attorney and don't really want to fight about a lot. I was just curious if I am entitled to any of the retirement? The NEW girlfriend has been asking him questions about his retirement and what I am asking for. I guess it wasn't an issue until now.

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The Law Office of James P Peterson
The Law Office of James P Peterson | James P Peterson
You cannot afford to not have an attorney. You are entitled to a portion of the house and half of his retirement and if you have been married ten years then several years of alimony. Retroactive child support and health insurance for the child. A portion of unpaid medical bill, etc.
Answer Applies to: Texas
Replied: 2/17/2014
James M. Chandler | James M. Chandler
If you are in CA you should talk to a local family law facilitator at the court house.
Answer Applies to: California
Replied: 2/17/2014
Law Offices of Frances Headley | Frances Headley
You are entitled to one half of all of the assets accumulated during the marriage. That would include the retirement, the trailer and the boat. You may also have an interest in the house. You should consult a family law attorney to review all of the facts and advise you.
Answer Applies to: California
Replied: 2/17/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Any property acquired with earnings during the course of the marriage is community property. From your description, it sounds like half of the retirement would be yours that was earned during the course of the marriage. You also may be entitled to child support spousal support and other property. Please meet with an experienced family law attorney to explore your legal options.
Answer Applies to: California
Replied: 2/17/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You may be entitled to one-half of the house if it has been transmuted into community property. You are entitled to one-half of the value of the assets and the retirement account up to the date of marriage. You need to talk with a local attorney. It may be that your husband can be made to pay all or a portion of your attorney fees or the attorney may accept payments. Also, depending on the situation you may be entitled to spousal support for a while. If this is an adultery situation, you may be entitled to more than half of the community property. Finally, you must have a custody and child support order in place.
Answer Applies to: Idaho
Replied: 2/17/2014
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    In a divorce action, you are entitled to a fair and equitable share of the retirement benefits and property that was acquired during the marriage.
    Answer Applies to: California
    Replied: 2/17/2014
    Law Office of Brent R. Chipman
    Law Office of Brent R. Chipman | Brent R. Chipman
    In Utah, you are entitled to an equitable division of the property that is acquired during the marriage. This would include an interest in any retirement benefits that accrue during the marriage. If the home gained value during the marriage because of your efforts or financial contributions, you may have a claim for a portion of the increased equity. A divorce court could make your husband add you back on to his health insurance coverage while you are married. It can be difficult to change coverage during a marriage unless it was done during an open enrollment period. Even then, your spouse may have misrepresented his marital situation to the insurance carrier or to his employer. Until you are divorced, your interest in his retirement accounts will continue to grow as he makes contributions, as his employer may make contributions and as the account may increase because of interest accruals. You are also eligible to claim benefits under your husband's social security account once you have been married for 10 years. You might consider contacting the Legal Aid Society of Salt Lake or Utah Legal Services to see if you qualify for free legal representation. The State Bar also has programs where you might be referred to an attorney who would represent you for no charge or at a reduced fee basis. You should consult an attorney to understand and to take appropriate steps to protect your interests. Your spouse should be paying you child support and contributing towards the cost of any work or education related day care expenses you incur because of the child. You need to obtain a temporary or a permanent order through a divorce proceeding in order to determine and enforce your rights to support and to an equitable division of the assets acquired during the marriage. That would include the time since you separated.
    Answer Applies to: Utah
    Replied: 2/17/2014
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    You are entitled to a portion of everything including the house if a mortgage was paid during the marriage from earnings of either one of you. File for a dissolution and make a motion for temporary orders, barring him from removing you from any assets and establishing a parenting plan and child support.
    Answer Applies to: Washington
    Replied: 2/17/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    The court will divide up all assets acquired during the marriage evenly between the two of you. Therefore, any retirement he built up during the marriage will be divided between the two of you.
    Answer Applies to: Ohio
    Replied: 2/17/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I think need to afford an attorney. In Michigan you are entitled to part of the retirement, the house and the accumulated property (and associated debts). But then if the marriage, property and your son' s support are not a priority perhaps I am mistaken.
    Answer Applies to: Michigan
    Replied: 2/17/2014
    Heidi Lauer
    Heidi Lauer | Heidi Lauer
    There is not enough information to provide a more accurate response, however the general rule regarding retirement is that the non-plan spouse is entitled to 1/2 of the contributions made during the marriage. Now there are exceptions and it would behoove you to just have an hour consultation with a family law attorney to better become informed of your rights and obligations.
    Answer Applies to: California
    Replied: 2/17/2014
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