Been married for 36 years, husband filed for divorce. He earns much more money than I do. How do the courts calculate this?
2007-09-02 00:19:37 · 6 answers · asked by kaiomattos 2 in Family & Relationships ➔ Marriage & Divorce
you probably get all of it if you can afford an good lawyer
2007-09-02 01:14:50 · answer #1 · answered by lavell 3 · 0⤊ 1⤋
Talk to your lawyer about this there so much to cover here, I'm going through a divorce after 33 years, due to my physical disability I do get support till he retires then I get 1/2 of his pension, I live in IL.
We need to start a club kind of like a ex wife's club, must be married for 20 or more to qualify to join, the best to you, want to talk e mail me.
2007-09-02 02:14:33 · answer #2 · answered by kim t 7 · 0⤊ 0⤋
Pennsylvania or any where that basic british common law is practised you may be entitled to spousal support . In Canada you are also entitled by law (non negotiable) to half of your spouses federal pension plan .HALF. If you stayed at home, and looked after the children, and the household while your spouse worked you are entitled to spousal support.If you can document that you have also helped out with any business dealings of your spouse for continuous years , you are definetely entitled to spousal support. In Canada past behaviour on your part---including adultery----and almost any form of behaviour by you cannot be used against you----however----mental cruelty can be used against you if it can be shown to be a major mitigating factor in the divorce proceedings, and has effected to a major degree your cohabitation in the marriage .
However----that is almost impossible to prove----as most of this is word of mouth and cannot be substantiated easily .It would basically have to be proven medically from past medical records, and of course they are private and are only released in criminal cases of a judicial nature and not as summary orders such as divorce proceedings.Check with the feds at Social Security to see if his SS will be split with you in a divorce---even if it is you will probably not get it until you retire----the courts will have to look at how much finances you presently have, and an estimate of your earning power when you retire, and even after you retire, so get a good accountant to do this for you---NOT A LAWYER---and they must be cerified by the state---a chartered accountant will be the best bet----YOU must also realise that most Jurisdictions will only allow spousal support for YOU on a temporary basis-------to allow YOU to re-establish your economic base after the divorce-----now if there are siblings under the age of majority living with you---then YOU are in a better bargaining position for all kinds of support----if not---you will only get temporary spousal support to help you adjust economically---and that adjusting period can be for quite a while---if you have a skilled lawyer and accountant RIGHT---listen---my advise is JUST that---non legal advise---just some ideas---above all---do not get a lawyer from the phonebook----check with the State licensing people---the ONE you pick should have at least 20 years of specialization in your States jurisdiction in divorce proceedings---do not ever trust your spouses lawyer---NEVER---sign nothing unless your own lawyer analyses the documents---NOW---listen up---he has filed for the divorce----make sure that he also pays all court costs from this endeavour---he may even have to pay your own legal fees for your lawyer----you are in a whole new world of learning now---someplace no one ever wants to go---you will have to educate yourself---and the sooner the better---good luck from Canada----and ONE more thing---try to really reconcile---but only if you feel safe on a physical or emotional level---but only with your lawyer calling the shots at reconciliation---setting up counselling etc and everything wrote down as a neptual contract for future use if need be---ok !
2007-09-02 01:24:35 · answer #3 · answered by HERBERT H 1 · 1⤊ 1⤋
In PA there's a whole mathematical formula for working this stuff out. Ask your lawyer. And if you don't have a lawyer, get one.
2007-09-02 01:06:58 · answer #4 · answered by palan57 3 · 2⤊ 0⤋
In NJ they look at the job or lack of job you have.They base alot on that.You will definatley get something.35 years is a long time.I wish you lots of luck.Hey if you can take some of the money he is giving you and put it in a savings account.Earn money on his money....te he
2007-09-02 01:42:35 · answer #5 · answered by waterlover 4 · 0⤊ 0⤋
See your lawyer about it and tell them what you told us.
2007-09-02 00:31:59 · answer #6 · answered by Anonymous · 1⤊ 1⤋