please advise me on this divorce?

Question

i have been married almost 5 years, living together for seven years, and together for 10 years total. no children, but a 80 lb golden retriever whom we acquired together when the dog was a puppy. my husband has an engineering undergrad degree and a MBA from a prestigious university. he earns 6 figures plus annually. i have been in grad school throughout most of our marriage and only working part time. he has paid the majority of expenses over the years. we have no debt and about $200K in assets (mutual funds, IRA, stocks, etc). we own no real estate. we live in nj, a community property state. if we divorce, will i be entitled to half of our assets. we have no prenup. i am a designer and make considerably less than he does. please advise. thanks.

Answer 1

It sounds like you've already done your research since you stated that you'll get half of the assets. You might also be entitled to alimony.

Answer 2

I'm not a lawyer but I have heard enough to know in California which is also a community property law state, you would only be entitled to half of what you both acquired during the marriage only. Anything before that you wouldn't be entitled to. He could also claim that if you lived together and he paid most of bills and you contributed minimul amount that might be counted as support. But, I would advise you to talk to an attorney in your area.

Answer 3

My background is in law, but in a different juristiction. My opinion is this...
You should be entitled to half of all the assets as you have been together for a long time, but I do recommend trying to work this out between yourselfs and not get right into a dispute over property as it will end up costing you big legal bills and be stuck in the courts for a great deal of time.

Sit together and decide where you both stand and what your both willing to settle for, and then bargain and come to a mutuel agreement. He is required by law to provide for you the same lifestyle that he did when you were married, so you have a great deal of bargaining power, but if you get greedy it will be a long time before you get it...

Answer 4

In simple words "HELL F_ING YES!" If you acquired those assets while your were married you are entitled to half of everything even his retirement. You are also entitled to alimony or maintenance, and if i remember right you are also entitled to insurance if your are still in school. But the person you need to ask is your lawyer. I just went through a divorce ( disillusion of marriage-uncontested divorce). Basically you would be surprised what you could walk away with!!!!!

Answer 5

Check with a lawyer to be sure, I would think you are entitled to half of anything acquired during the marriage (the almost 5 years). You may also be entitled to a portion of hubbys future retirement (aka 401k or social security)

Answer 6

Usually depends on the state laws, each of them are differant but as a general rule anything you've acquired during the course of your marriage shoud be divisable in half. The only thing you won't get any of is what he came in the relationship with.

Try the below link for extra info:

http://www.divorcelawinfo.com/NJ/njdivexpln.htm
Good luck to you

Answer 7

most states you get half including any unpaid bills.You should seek legal advice and not here .Pre planning a divorce is not good on your behalf ..always try to stay in there right.Dot all line and keep cool. Never show your true side he or she will use it against you good luck.You have to get a judge to believe your story more than his and have a better reason for this than him.

Answer 8

community property, huh? I think that means 50%. I'll be glad to take the dog, and yeah, I'm single :).

Answer 9

Yep, I believe you get half. And once you get half, look me up and I'll help you blow it travelling the world.