What am I entitled to in a divorce? 26 Answers as of June 25, 2013

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.

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Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
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.
Answer Applies to: Wisconsin
Replied: 9/14/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Are you currently living in Nevada? If so, the forum where you posted your question is for Texas Divorce Law. I do not know the rules in Nevada, you need to find local counsel.
Answer Applies to: Texas
Replied: 6/25/2013
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | 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.
Answer Applies to: Alabama
Replied: 9/13/2011
Dunnings Law Firm
Dunnings Law Firm | Steven 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.
Answer Applies to: Michigan
Replied: 9/13/2011
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
Are you in WI? If yes, then you are entitled to anything that was accumulated during the marriage.
Answer Applies to: Wisconsin
Replied: 6/25/2013
    Linda C. Garrett Law
    Linda C. Garrett Law | Linda Garrett
    This is a California-based answer. If married long-term, then your marriage is deemed to be a long-term marriage. Don't listen to husband-instead, learn your legal rights.
    Answer Applies to: California
    Replied: 9/13/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Your cohabitation with your husband prior to 1997 is not counted in spousal support or acquisition of community property. However, since you have been married for 14 years, you are likely entitled to Spousal Support until your death or remarriage. Property acquired by your husband prior to your marriage is his separate property, subject to certain specific, limited exceptions that may or may not be applicable. Property acquired during your marriage is likely community property, including that portion of your husband's retirement earned during the marriage (the portion earned prior to the marriage is his separate property). Your husband can keep you on his company-provided medical insurance only until your Divorce Judgment is entered. You will likely be entitled to an award of attorney's fees payable by your husband - the amount to be determined by the Court. You should consult with an experienced Family Law Attorney regarding the specifics of your marriage, and you should be represented by an experienced Family Law Attorney in the divorce.
    Answer Applies to: California
    Replied: 9/13/2011
    Doi/Luke, Attorneys at Law, LLLC
    Doi/Luke, Attorneys at Law, LLLC | Gavin K. Doi
    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.
    Answer Applies to: Hawaii
    Replied: 9/13/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    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.
    Answer Applies to: Colorado
    Replied: 9/13/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you and your husband cannot reach an agreement, then you need to go to court and fight for support and division of assets. You should consult with an attorney.
    Answer Applies to: California
    Replied: 9/12/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | 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.
    Answer Applies to: New York
    Replied: 9/12/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    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.
    Answer Applies to: Louisiana
    Replied: 9/12/2011
    Ashman Law Office
    Ashman Law Office | 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.
    Answer Applies to: Georgia
    Replied: 9/12/2011
    Reza Athari & Associates, PLLC | Riana Durrett
    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.
    Answer Applies to: Nevada
    Replied: 9/12/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You really must meet with a skilled family law attorney to explore the specific legal options unique to you case. With that being said, any property acquired with earnings during your marriage is community. Property can be real property and personal property and also includes, retirement, stocks, and bank accounts just to name a few. If you are unemployed, you are also entitled to spousal support.
    Answer Applies to: California
    Replied: 9/12/2011
    Law Offices of Steven A. Hemmat
    Law Offices of Steven A. Hemmat | Steven A. Hemmat
    You are entitled to a divorce; however, from the information you provided you indicate that you now live in Nevada. You need to speak with an attorney to figure out which state has personal jurisdiction over both you and your husband.
    Answer Applies to: Washington
    Replied: 9/12/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    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.
    Answer Applies to: Washington
    Replied: 9/12/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    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.
    Answer Applies to: Illinois
    Replied: 9/12/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You need to talk to a divorce attorney and get some good advice, really good advice. Do not agree to anything and do not take any action until you get a lawyer on this for you. What your husband is saying is wrong.
    Answer Applies to: New Jersey
    Replied: 9/12/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | 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.
    Answer Applies to: New Jersey
    Replied: 9/12/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia 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.
    Answer Applies to: California
    Replied: 9/12/2011
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    If you are residents of California, then community property laws here mean that you are entitled to half of everything acquired during marriage, including retirement, and if he has an income and you don't, you may also be entitled to alimony. However, you mention Nevada in your questions, so if you are residents of Nevada, then you will have to look to the divorce law of that state to determine what your rights are.
    Answer Applies to: California
    Replied: 9/12/2011
    Law Offices of Sheryl S. Graf
    Law Offices of Sheryl S. Graf | Sheryl S. Graf
    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.
    Answer Applies to: California
    Replied: 9/12/2011
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