What are my rights if I get a divorce after 10 years of marriage? 8 Answers as of April 30, 2014

Hello. I am married 10 years now. I have 2 children 7 and 5. I am a stay at home mom. I haven't been working since 2007 when I had my first child and total years that I worked while married are 2. I don't have any income except from my husband. He makes about 77,000 a year. He also has a 401K. We own a house that he bought before we married but then put my name on the deed. How much would be my alimony + child support + other rights as per law? Thank you and God bless you.

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Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
You have lots of rights. Have you considered Mediation? Mediation is Fast, Effective and Affordable, however, you both will have to agree to mediate before it can get done. If he does not agree to mediate, I suggest you consult with an attorney as soon as possible.
Answer Applies to: Florida
Replied: 4/30/2014
John Ceci PLLC
John Ceci PLLC | John Ceci
I can't give a definite answer because the actual amount of money you might receive for either child support or spousal support depends on a number of factors that I don't know. Sometimes child support reduces a spousal support award because the payer still has to make ends meet. While $77k is a good income, taking out taxes and basic living expenses and child support will drastically lower what's left for spousal support.
Answer Applies to: Michigan
Replied: 4/30/2014
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If you are in Florida, you are entitled to half of whatever assets were acquired during the marriage, including his 401k. If he added your name to the deed, then the house would be half yours as well. As for child support and alimony, you would most likely be entitled to both; however, the determination of specific numbers would require much more information and will depend on many factors. You should consult with an attorney.
Answer Applies to: Florida
Replied: 4/30/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Idaho doesn't have alimony, although you might be entitled to spousal maintenance for a period of time to allow you to get employable again. You are entitled to of the value of the house and other community property. If the 401k opened after you were married, you are entitle to of it. If before, then ? of the amount that accrued during marriage. Child support will be dependent on a number of factors, including how much time the children spend with each parent. You need to consult with your own attorney to go through all of the details.
Answer Applies to: Idaho
Replied: 4/30/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
You absolutely have rights. Your question will take time to answer as calculations must be done to find out what amounts you are entitled to per month for support. It also depends on how much custody you have. So the answer is, you have rights and the amounts depend.
Answer Applies to: California
Replied: 4/30/2014
    Home Town Law, P.A.
    Home Town Law, P.A. | Sabina Tomshinsky
    You really should consult with a divorce attorney in your area as to all of your options. Many attorneys offer free consultations. Florida is an equitable distribution state. Marital assets and debts get equitably distributed (which does not always mean 50/50 but that tends to be the starting point). As to child support, both parents have a legal obligation to support their children. You would have to agree on a parenting plan and a time-sharing schedule. The 401k would have to addressed. As to alimony, based on the length of your marriage, you may be eligible for temporary, rehabilitative, or durational alimony, the amount of which generally depends on your need and your husband's ability to pay such support. Again, your question is multifaceted and calls for an in-depth consultation with a divorce attorney. Good luck!
    Answer Applies to: Florida
    Replied: 4/30/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The scope of your questions that are posted deserve the attention of an experienced family law attorney in an office consultation.
    Answer Applies to: California
    Replied: 4/30/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Provided that you are the custodial parent, you will most certainly be entitled some child support, alimony is much more difficult to predict, and most probably given the length of the marriage and the situation you would be potentially entitled to some form of rehabilitative alimony to allow you to reenter the job market. There are additional facts which are necessary to try to predict what you may be entitled to out of the house and 401(k). Generally you would be entitled to one half of the increase in the equity of the home during the course the marriage and the same out of the 401(k). In the current world it would generally be anticipated that you would seek active employment, and if you did not you will be imputed income at what would be anticipated to be your earnings potential, at least at the minimum wage and depending on your skill level somewhat higher. What you really need to do is to find an attorney and provide all of the details to get a better prediction of the anticipated outcome.
    Answer Applies to: Michigan
    Replied: 4/30/2014
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