What would I be entitled to if we divorce? 12 Answers as of May 04, 2015

We are a military couple and have been together for nearly 8 years. We have two children together. I am unemployed and my husband is an obsessive gambler. Can you give me a general idea of what I will likely retain if we divorce? He has been in the military for 15 years. We own two properties, one of which is through his VA loan and the other through mine. Thank you in advance.

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S. Joseph Schramm | Joseph Schramm
You would be entitled to a claim in equitable distribution of the property you both acquired during the marriage, including part of his pension. You would also be entitled to seek child support, custody and spousal support in the form of temporary alimony (alimony pendente lite) or possibly alimony that lasts for a period of time post divorce. How much this would be in actual dollars would be difficult to say at this stage.
Answer Applies to: Pennsylvania
Replied: 5/4/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
You won't be entitled to his military pension because you haven't been married 10 years. However, the court will take it into consideration as an asset that goes to him, which would mean any retirement you've earned will likely go to you. You are entitled to a part of the community property regardless of how the mortgage was obtained, and of any other assets and liabilities acquired during the marriage. Both of you have an obligation of child support based on your respective incomes.
Answer Applies to: Washington
Replied: 5/1/2015
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
The starting point is that whatever was acquired during the marriage should be divided equitably, including retirement benefits or accounts. While there is a presumption of an equal division, economic fault could affect that; and gambling away marital assets, unless it was mutual, could be such a factor. Assets acquired before the marriage should not affect this even if you resided together at the time. In addition, there is the issue of support. Each of you must contribute towards your children's support based upon your abilities to earn; if the children are under the age of 21, each should contribute 25% of their actual income, may be more than taxable income if he is in the military. If you are unemployed, he might also be obligated to pay support for yourself until you can be able to obtain employment. There are other ways he might be obligated to contribute towards your support. In reality, you should consult with an attorney, providing all the facts necessary to permit him/her to be able to provide more specific advice.
Answer Applies to: New York
Replied: 5/1/2015
GordenLaw, LLC
GordenLaw, LLC | Vanessa J. Gorden
In Nebraska each party generally receives one half of the marital estate (assets minus liabilities). If you can prove his gambling issues, that may entitle you to keep a bit more, since it directly relates to the assets of the marriage. You really do need to at least visit with an attorney who can confidentially discuss the details of your situation and provide you some options to best protect yourself and your children. Best wishes.
Answer Applies to: Nebraska
Replied: 4/30/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
First things first: retain an experienced family law attorney in your geographical area. Such a person can review lots more facts than can be covered hereand the answer to your question is likely to be both fact-driven, and dependent on the practices of the judges in your county. Generally, in Wisconsin and other community property states, you are each presumed to be entitled to one-half of the marital estatewhich means the property and debt you acquired since the date of the marriage. You may have separate or individual property, which you acquired before the marriage, or which was given to you (or inherited by you) at any time. But I am sure you need much more detail. Find a good lawyer: it's generally worth the investment.
Answer Applies to: Wisconsin
Replied: 4/30/2015
    The Palme Law Firm, P.A. | Steve Palme
    Generally, in North Carolina, it is presumed that an equal division of all marital assets (i.e., whatever was acquired during the marriage) is equitable. In other words, all property, money and assets gets split 50/50. It doesn?t matter whose name is on the title or the account. That includes his military pension/retirement. If he has incurred gambling debts, you have a solid argument that those debts were not incurred for a marital purpose and are actually his separate debts.
    Answer Applies to: North Carolina
    Replied: 4/30/2015
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    An equitable share of marital property child support, temporary alimony
    Answer Applies to: Georgia
    Replied: 4/30/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Your unique situation deserves the attention of an experienced family law attorney in an office consultation. With that being said, it's pretty clear that you have substantial rights which may also include military benefits that need to be determined for property division. You also may be entitled to both child and spousal support.
    Answer Applies to: California
    Replied: 4/30/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    You are certainly entitled to 1/2 of the marital property. Have you considered Mediation? Mediation is Fast, Effective and Affordable. Your alternative, of course, is to retain a Family Law attorney. My suggestion is DO NOT WAIT. It sounds like time is of the essence in order to protect your interests.
    Answer Applies to: Florida
    Replied: 4/30/2015
    Law Office of Robert E McCall | Robert McCall
    Not enough information to make a detailed answer; but if the pension is your issue you could receive 2.5% per year of marriage if he serves 20 years.
    Answer Applies to: Florida
    Replied: 4/30/2015
    Law Office of Martin A. Kahan | Martin A. Kahan
    Your question can only be answered properly after you have an extensive consultation with a family law attorney.
    Answer Applies to: California
    Replied: 4/30/2015
    James M. Chandler | James M. Chandler
    You are entitled to on half of all community property.You should be able to get child support and also spousal support.
    Answer Applies to: California
    Replied: 4/30/2015
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