What can I request financially from my spouse in a divorce? 30 Answers as of August 05, 2011

I am a stay at home mother of our 2 year old son. I want to see what my options are financially pertaining to a divorce. My husband works full time, I do not have a job outside of the home, so I do not make an income. What can I request for financial wise from my husband in the divorce papers?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Spousal support.
Answer Applies to: Washington
Replied: 8/5/2011
Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
In a divorce, all of the marital assets obtained during the marriage will be subject to equitable distribution. Based on your question, you should probably request full custody of your son, and settle for nothing less than primary custody. As a result, you will receive child support until your son reaches the age of maturity. You will be entitled to your fair share of marital assets in equitable distribution. In addition, you should seek maintenance (what other states call "alimony"), which is spousal support from your husband, since he works and you do not. Also, you may consider requesting reimbursement for legal fees based on the income disparity between you and your husband. Finally, you may want to have use of the marital residence until your son reaches maturity. You should contact an experienced matrimonial attorney to assist you with your divorce.
Answer Applies to: New York
Replied: 7/31/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Request Legal and Physical Custody of your children; Request Child Support; Request Spousal Support; Request Attorney's fees;Request division of Community Property; if you want your maiden or former name back, request that; and in the "other relief" area, request: "Such other and further relief as may be just and equitable".
Answer Applies to: California
Replied: 7/28/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
You need to consult with an experienced family law lawyer in their office to help you. You can ask for child support and division of the community property assets, if there are any. Depending upon the length of the marriage you can ask for spousal support. If you retain a lawyer you can ask that your husband be ordered to pay you back for the legal fees.
Answer Applies to: California
Replied: 7/28/2011
Keri Burnstein, P.C.
Keri Burnstein, P.C. | Keri Burnstein
I would suggest you meet with a family law attorney. Your child has a right to child support and you may have a right to spousal support. Anything accumulated during the marriage, including debts, is considered marital property and should be equitably (fairly) divided. Good luck.
Answer Applies to: Michigan
Replied: 7/27/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    You can certainly ask for child support and alimony. Whether you are awarded them are factually based decisions.
    Answer Applies to: Connecticut
    Replied: 7/26/2011
    Neville J. Bedford Attorney at Law
    Neville J. Bedford Attorney at Law | Neville J. Bedford
    A competent attorney can help you explore the facts that give rise to a claim for alimony. The first step is to define the nature of your legal problem then you need to identify an attorney with experience handling similar matters. Once you have defined your legal issue, there are a number of ways to find a lawyer to help you.
    Answer Applies to: Rhode Island
    Replied: 7/26/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Depending on the number of years you have been married you have to right to request alimony in addition to child support.
    Answer Applies to: Alabama
    Replied: 7/26/2011
    Michael Edwards, Attorney at Law
    Michael Edwards, Attorney at Law | Michael Edwards
    While every case is different, and your rights and obligations in divorce will vary based upon many different factors, it seems that you should request child support and alimony. The child support is a given under Utah law, if you have physical custody of the child. The alimony can be awarded, if you have a need for that financial support and if your husband has the financial ability to meet that need. You need to consult with a competent divorce attorney, so you can discuss how your life situation fits into our legal framework. I wish you the best!
    Answer Applies to: Utah
    Replied: 7/26/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    There is a great deal more information needed in order to provide any type of guidance or advice regarding the support you might receive. Child support is calculated based on many statutory factors including the parents' incomes, cost of child's insurance and child care (if any) and parenting time arrangements. Spousal maintenance also takes into account many statutory factors, including the length of the marriage and the ability of each party to support him/herself. I would recommend you speak with an attorney regarding these types of details so you can get appropriate advice and determine your best course of action.
    Answer Applies to: Arizona
    Replied: 7/26/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law you would be entitled to child support if your son is living with you. You would also be able to request spousal support, though the court may consider the income that you could make if you were working. See an attorney in your area for more information about your specific circumstances. There is even the possibility that the court would award you more than 50% of the community property based on your lower income potential.
    Answer Applies to: Washington
    Replied: 7/26/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    The amount of child support is based upon your spouse's gross monthly income. You may be entitled to spousal support depending on your age, health, work history, education, and the custody and visitation schedule you have, among other factors.
    Answer Applies to: Oregon
    Replied: 7/26/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    The first thing you can request is child support. Without further information, I cannot comment on whether you would be entitled to alimony. If you have assets in the marriage, you may be entitled to 50% of the assets that acquired value during the marriage. Without more information, that is all I can comment on.
    Answer Applies to: Massachusetts
    Replied: 7/26/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Without detailed financial numbers for both of you no one can answer, so you need to consult with a lawyer. The cost of a consultation is minimal.
    Answer Applies to: Georgia
    Replied: 7/26/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Your husband will have to submit a financial statement to you and the court that discloses all income, expenses, assets, and debts/liabilities. However, spouses will often try to be evasive. If you feel that is the case, you or your attorney can request (by motion) copies of tax returns, bank statements, pay stubs, health insurance statements, stocks/bonds/retirement-type account statements, and loan/mortgage applications. Sometimes more information is needed to get to the bottom of things. Best of luck.
    Answer Applies to: Massachusetts
    Replied: 7/26/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    First, some background on property division in a divorce. If the two of you can agree on how to divide the property, then, the two of you can divide it just about any way you want. However, if the two of you are unable to agree, then, it will be up to the court to divide the property and debts. If the court is going to divide the property, it first has to classify it. All of the property is going to be classified as your separate property, her separate property, or community property. Which of these classifications a particular piece of property falls into will depend on how and when the property was obtained. In most cases, property obtained during the marriage will be community property. Once the property is classified, how it gets divided will depend on a number of factors. Some of the factors that the court may consider are: the duration of the marriage, the ages of the parties, the health of the parties, the educational background of the parties, the employment history of the parties, and each party's future prospects. The court then has to come up with what the court believes is a fair and equitable division of all of the property using these and other factors. A lot of these same factors apply to requests for maintenance. The court also looks at what is called "need and ability to pay." Generally, the shorter the marriage, the less maintenance. As to child support, the court will generally say that both parents have an obligation to support the children. Therefore, the court will often tell a non-working spouse to begin looking for work. The amount of child support is based on a mathematic calculation based upon each of your incomes. Now, as to your specific case: Without knowing a good deal more about your situation, it is pretty much impossible to make definite predictions about your case. You should ask for temporary maintenance and permanent maintenance. Whether you will get any of this is dependent upon factors that you do not list in your question. You should also ask for child support. Finally, you should be prepared to hear the court telling you that you need to start looking for work.
    Answer Applies to: Washington
    Replied: 7/26/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It is impossible to respond to your question without a full review of the facts. Child suport would depend on how a court rules regarding custody and parenting time. Spousal support , including the length and amount, would depend on many factors including the length of the marriage, the age and health of the parties, the earning capacity of the unemployed spouse, the assets awarded that can be used for support, and the general financial circumstances of the parties.
    Answer Applies to: Minnesota
    Replied: 7/26/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    You should speak with a local attorney who can give you advice as to how judge's usually handle your situation in your county. You can seek maintenance (alimony) from your husband during the divorce proceedings as well as child support - the maintenance would most likely be temporary with the idea that after some time you will be able to get a job and support yourself. The child support would last as long as the child resides with you and is under 18.
    Answer Applies to: Illinois
    Replied: 7/26/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Assuming that your son will spend the majority of time with you, your husband would have to pay child support. If you have only been married a few (less than 5) years, alimony would be difficult to get.
    Answer Applies to: Florida
    Replied: 7/26/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Child support is set by a fixed formula that can be found in the statutes. Spousal support is assigned based on ten factors. One of the most important factors is the duration of the marriage. Please see a domestic relations attorney for more information.
    Answer Applies to: Ohio
    Replied: 7/26/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You are entitled at least to child support. Maintenance (alimony) is also a possibility. On top of that you are entitled to a fair and equitable division of your assets and debts.
    Answer Applies to: Washington
    Replied: 7/25/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    You may request that your husband pay child support and spousal support as well as your attorney fees and costs. You will also be entitled to of all community property which was accumulated during the marriage. You should contact a family law attorney to discuss what property and bank accounts you have so that you can fully understand what you are entitled to.
    Answer Applies to: California
    Replied: 7/25/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If the child continues to live with you, your husband will be required to pay child support. Child support is determined by statutory guidelines using each parents gross income. Once your child is 2 the law will impute income to you (based on your earning capacity) if you are not employed. Generally, you will be expected to eventually obtain appropriate employment to provide for your own support. Until you are able to obtain such employment, you may be entitled to spousal support (alimony) from your husband. There are no fixed rules and the decisions will need to be resolved either by agreement with your husband or by a judge, after considering the overall circumstances. You should consult an attorney who can review all the relevant information with you and give you a better understanding of what you can ask for and what you might expect if you cant reach an agreement with your husband.
    Answer Applies to: Colorado
    Replied: 7/25/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you retain a divorce lawyer to discuss all the facts, along with your rights and options, including seeking alimony, child support, and an equitable property settlement. Good luck!
    Answer Applies to: Georgia
    Replied: 7/25/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Alimony and child support - you need to consult with an attorney in your area for details.
    Answer Applies to: Connecticut
    Replied: 7/25/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You will need to talk with an attorney as much more information would need to be known in order to answer your question. Most likely, you will be required to get a job and help support yourself and obtain some sort of child care for your child while you work. However, you may be entitled to some sort of alimony and/or child support depending on your circumstances. Talk with an attorney before making any decisions or signing anything.
    Answer Applies to: Florida
    Replied: 7/25/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You should be entitled to spousal support and child support.
    Answer Applies to: California
    Replied: 7/25/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    What you can expect depends on your family's financial situation.
    Answer Applies to: New Jersey
    Replied: 7/25/2011
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