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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-06-2011, 02:50 PM
Chrysalis68 Chrysalis68 is offline
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Default What am I entitled to if I split from my husband?

I might be heading for a divorce. I am needing to start preparing myself both emotionally and financially.
Here is a brief breakdown of my situation.
I owned my own home (sold it) and then we bought a house prior to marriage with 99% in my name and 1% in his. I put the full downpayment on the house. He had absolutely no furniture, appliances etc. I had all of that.

He makes $120,00 a year and I make $20,00 a year.
I have 3 children from a previous marriage that are now 14, 12 & 10.
We have been together for 6 years and married 41/2 years.

He has been with my children longer than what their bio dad was.
We vacation together, attend kids activities, school functions etc. etc.
just like any family. My kids call him dad.
I do get some child support from my ex.

What exactly would I be entitled to? Do I get part of his pension?
I am so scared. I don't want this divorce, I do love him, but he wants the single life.
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Old 01-06-2011, 03:54 PM
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NBDad NBDad is offline
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You can try to go after him for the difference in what the bio-dad pays you in support vs. what he'd have to pay, but if Bio-Dad pays already that's a tough sell. You have to prove he acted in place of a parent, and if bio-dad is paying, then it's obvious he wasn't.

At face value, you'd be entitled to around 2-4 years of spousal support of an amount that would bring your net income to ~ 45% of his (after CS is received/etc) and 50% of the net family equalization. Basically family assets - family debts = total... /2

That would include 50% of the value of his pension for the 4 years you were married. (if it's value increased during that time)

HOWEVER...he also has claim to 50% of the value of the home, so your best option is to negotiate with him. (ie. leave his pension the hell alone in exchange for the home being valued at what you each brought into it).
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Old 01-06-2011, 04:37 PM
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Gary M Gary M is offline
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How many more times are you going to post this same question?

What can I get? What can I get? What can I get?

Makes you look a li'l greedy if you ask me. Just sayin'

Gary
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Old 01-06-2011, 04:51 PM
Chrysalis68 Chrysalis68 is offline
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I am not greedy.......
I am scared.
I just noticed that maybe I would get more feed back and support if it was in different areas. Not everyone goes onto all the subjects.

SORRY FOR ASKING FOR SOME HELP!!
WHEN YOU HAVE KIDS ITS NOT ABOUT ME, ITS ABOUT THEM.
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Old 01-06-2011, 05:02 PM
HammerDad HammerDad is offline
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Your children should already be receiving child support from their bio-dad. You could try and double-dip and get c/s from this man, and you may be successful. But arguments can be made by him that he shouldn't have to pay.

As for his pension and assets, you would be entitled to any growth in the amount of assets during your marriage. So if his pension was worth $100k prior to marriage, but now it is worth $140k, you would be entitled to $20k.

The matrimonial home would most likely get split up similarly. Each person getting their deposit back and then splitting the remaining value 50/50.

Spousal support is a possibility but no guarantee. It is generally awarded to people to bring them up to about 45% of the other individual income (or net deposible income, not sure but you can search the forums to find out more accurate information). Normally you get .5 years worth of SS for each year of marriage. So you would be looking at around 2 1/4 years worth of SS.

There are lots of good posts on the forum that the search function should be able to pick out.
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Old 01-06-2011, 09:05 PM
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Quote:
Originally Posted by HammerDad View Post
The matrimonial home would most likely get split up similarly. Each person getting their deposit back and then splitting the remaining value 50/50.
No dude. Matrimonial home's equity is split equally. No deposit, no refund.
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Old 01-06-2011, 09:23 PM
HammerDad HammerDad is offline
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Quote:
Originally Posted by dadtotheend View Post
No dude. Matrimonial home's equity is split equally. No deposit, no refund.
Damn, I must have confused common law spouses on that....man, that would suck.
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