What am I entitled to on a divorce? 33 Answers as of July 08, 2013

I am married for ten years. We are divorcing. What am I entitled to? He has a $401,000 and we have a house.

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Victor Varga | Victor Varga
Need much more details and an explanation of what he has a $401,000? means. Basically all assets/income generated/purchased during the marriage is marital property of which you both have a marital interest in.
Answer Applies to: Maryland
Replied: 9/3/2012
Law Office of Melvin Franke | Melvin Franke
Hire an experienced divorce attorney. It depends upon the facts.
Answer Applies to: Missouri
Replied: 8/27/2012
ADELMAN & SEIDE, LLP
ADELMAN & SEIDE, LLP | GEORGE N. SEIDE
In general you are entitled to half of the community assets and as you have a long term marriage (10+years) you could secure spousal support for many years.
Answer Applies to: California
Replied: 8/24/2012
Reza Athari & Associates, PLLC | Seth L. Reszko
This really cannot be answered with a simple email. The Court will look to see what assets and property are community property. Community property can consist of the house, pensions, 401k, personal property, bank accounts, etc. There is also community debts. If the parties can't agree on how to distribute the community property and community debts, the Judge will decide who gets what and who pays what and how much. There is also an issue about whether you will be eligible for spousal support. I would recommend seeking the advice of an attorney.
Answer Applies to: Nevada
Replied: 8/24/2012
The Law Offices of Robert W. Bellamy
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
If you are in Alabama one-half the marital assets.
Answer Applies to: Alabama
Replied: 8/24/2012
    Blough Law Office | Janis L. Blough
    An experienced attorney can help you secure your right to half of the marital estate (all property and monies including pension/retirement accounts acquired during the marriage). The marital estate includes everything purchased or gifted to both of you during the years of your marriage (individual gifts are not marital property, earnings, bank accounts, vehicles, boats, jewelry, real estate everything. Ordinarily its divided equally between you, but be careful not to bite off more than you can chew: If you keep the house, you'll have to by out his equity interest, pay mortgage and taxes, utilties, insurance, etc., pretty tough without a steady and substantial income. You may be entitled to spousal support, but your lawyer will have to help you with that. There are many factors involved. Good Luck!
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Generally, each party is entitled to an equitable share of marital assets and marital debts. Equitable usually means equal. I recommend you speak with an attorney to get additional advice/guidance regarding what you can expect in a divorce.
    Answer Applies to: Arizona
    Replied: 8/24/2012
    Steven Alpers | Steven Alpers
    Normally, half of everything earned during marriage from his or your work. Possibly child or spousal support.
    Answer Applies to: California
    Replied: 8/24/2012
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    Unless you had a prenuptial agreement, everything earned or acquired during the marriage is community property and must be divided equitably. Unless he had the $401,000 prior to the marriage, this is community property regardless of whose name is on the asset.
    Answer Applies to: Washington
    Replied: 8/24/2012
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at http://www.mitchell-pa.com/FAQ_Main.html.
    Answer Applies to: Florida
    Replied: 7/8/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    I am afraid that your question is far too broad. An attorney must review the particular facts of your case before formulating any type of response. You should consult with an attorney.
    Answer Applies to: Minnesota
    Replied: 8/24/2012
    Rebecca Rainwater
    Rebecca Rainwater | Rebecca Rainwater
    California is a community property state and each party is presumptively entitled to 50% of the community property. However, there are many factors that go into property division so it is best to talk to a family law attorney regarding your specific situation. Also, a marriage of 10 years or more is considered a marriage of long duration in California. Spousal support is discretionary and many factors are considered in determining the amount and the duration. Every parties circumstances are different and there is no way to determine all that you would be entitled to without having all your specific information.
    Answer Applies to: California
    Replied: 8/24/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    1/2 the value of the house, 1/2 of his 401k, 1/2 of any other assets.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Law Office of James Bordonaro
    Law Office of James Bordonaro | James Albert Bordonaro
    In Kansas, you will generally split all property including the 401K account equally. You will also be entitled to alimony.
    Answer Applies to: Kansas
    Replied: 8/24/2012
    Palomino Law Firm, P.C.
    Palomino Law Firm, P.C. | Debra Palomino
    Unless you have a valid prenuptial agreement, you are entitled to your community interest in all community assets.
    Answer Applies to: Arizona
    Replied: 8/24/2012
    Lombardi Law LLC
    Lombardi Law LLC | SUZANNE LOMBARDI
    In Alaska the presumption - where the judges start from is 50/50. If his $401,000 is an inheritance or a gift it may not be marital property. The house will depend on how much equity is in it and if it is a marital home. An attorney can help you determine how much you should receive and fight for your rights to various properties. More information is necessary to answer your question completely.
    Answer Applies to: Alaska
    Replied: 8/24/2012
    The Law Office of Nathaniel M. Smith, LLC
    The Law Office of Nathaniel M. Smith, LLC | Nathaniel M. Smith
    Any property accumulated during a marriage is (likely) marital property and subject to division between the spouses by the court (or by agreement). You should speak with a lawyer about your rights.
    Answer Applies to: Georgia
    Replied: 8/24/2012
    Bruning & Associates, PC
    Bruning & Associates, PC | Kevin Bruning
    There is a presumptive 50/50 split in Illinois, though you should discuss with an attorney any extenuating circumstances that may entitle you to a different amount depending on contributions to the marriage.
    Answer Applies to: Illinois
    Replied: 8/24/2012
    Attorney At Law | Harry D. Roth
    You are entitled to half of what was acquired during marriage, except from inheritance. Get a lawyer.
    Answer Applies to: California
    Replied: 8/24/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It generally start at 50% of the property and debt accrued during the marriage. You NEED an attorney.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Goddard Wetherall Wonder, PSC
    Goddard Wetherall Wonder, PSC | Brook Goddard
    A key part of a lawyer's job during divorce proceedings is to identify and value all of the separate and community value, and then to assist in negotiations and/or trial regarding the division of those assets (and debts). You may very well be entitled to 50% or more of all of the assets (i.e. the $401,000, the house, and other assets), depending upon a number of various legal factors.
    Answer Applies to: Washington
    Replied: 8/24/2012
    Law Offices of Frances Headley | Frances Headley
    You are entitled to one half of all assets accumulated during the marriage. You should consult a family law attorney to review all of the facts and determine the probable community property split.
    Answer Applies to: California
    Replied: 8/23/2012
    Smith, Gildea & Schmidt | Michael Gene DeHaven
    No one can answer the question you posed, because Maryland courts don't view property distribution in divorce cases in terms of what the parties are "entitled to."

    Rather, Maryland courts view property distribution in divorces in terms of "equity." In other words, if the parties cant agree on a fair distribution of marital property, a judge will decide the issue based upon several factors.

    Moreover, a judge can only determine the equitable distribution of "marital" property. Considering the amount of property involved, you need to consult with an experienced family law attorney who can obtain additional facts that relate to the above factors; fully explain the concept of equitable distribution of marital property; and, give an opinion on what may be a "fair" distribution based upon the additional facts.
    Answer Applies to: Maryland
    Replied: 8/23/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    A fair and equitable division of your assets and probably maintenance.
    Answer Applies to: Washington
    Replied: 8/23/2012
    Law Offices of Maxwell Charles Livingston
    Law Offices of Maxwell Charles Livingston | Maxwell C Livingston
    It all depends on the facts of the case, but, as Wisconsin is a Community Property state, the presumption is half.

    I welcome you to email, so that I can represent you well in the case (to get you the best results).
    Answer Applies to: Wisconsin
    Replied: 8/23/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    At least half. Hire an attorney
    Answer Applies to: Michigan
    Replied: 8/23/2012
    Law Office of Gregory Crain | Gregory Crain
    Half the marital assets and half the marital debt.
    Answer Applies to: Arkansas
    Replied: 8/23/2012
    Ivy Law Group PLLC
    Ivy Law Group PLLC | Ruth Emily Vogel
    Generally speaking you are entitled to half of the community property.

    That amount can increase or decrease depending on several factors which need to be evaluated, such as future earnings potential of each party, needs of the children, etc.

    Community property is the value of any asset acquired during the marriage or the increase in value of an asset brought into the marital community.
    Answer Applies to: Washington
    Replied: 8/23/2012
    Ipson Law Firm, PLLC
    Ipson Law Firm, PLLC | Michael Ipson
    To give a complete answer a lot more would need to be known about your financial situation. The short answer is 1/2 of all the property and money you accumulated during your marriage.
    Answer Applies to: Utah
    Replied: 8/23/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    I would need to talk it over and find out a lot more about your situation to tell you what you can expect in divorce.

    I do not charge any money to meet with most people and go over their situation with them. That way they do not spend money to talk to me, and I am free to take the case or not. Legal problems can not be solve in an email like this.

    As to your situation, I can explain things in detail in person after we talk. Why don't you come see me. I will meet with you and go over your situation.

    I will explain what legal issues I see, and what I can do to assist you. I will also give you my best estimate of the cost for attorney's fees. This will be a free consultation. After we talk, you can decide what you would like to do. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 8/23/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    The amount of money he has isn't enough information on which to base advice to you. You are entitled to equitable division of the marital assets - but what constitutes a marital asset can't be determined from the limited information in your question.

    You should consult a local divorce attorney and go into detail. The cost of the consultation will be far less than the cost of making a mistake while trying to do it yourself.
    Answer Applies to: New York
    Replied: 8/23/2012
    Law Offices of Karen Davidson | Karen Davidson
    Typically 1/2 of what was acquired during the marriage but there are many other factors to consider.
    Answer Applies to: Rhode Island
    Replied: 8/23/2012
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