We have been together for 14 years 7 of which we have been married. He says i'm not because he worked for it not me .I am a homemaker and we have 3 children together. Any information would be helpful. Thank you.
2007-12-05 05:59:09 · 13 answers · asked by Christine 1 in Family & Relationships ➔ Marriage & Divorce
Go talk to a divorce lawyer and find out your options. If you are in a community property state, you may have claim to some of his pension. You need answers right now so you can make a good decision. He expects you to cry and fall apart. He won't think you will be strong and talk to a lawyer. If you divorce, don't use the same lawyer either or you will get screwed in the deal. Have your own lawyer that looks out for you and the kids.
2007-12-05 06:05:01 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Infedelity is no longer grounds for divorce. So you won't be granted a divorce on those grounds. You will only be granted a very small percentage (if any) of his retirement. In order to for you to get anything from his retirement is if you were married during the duration of his employment. Seven years isn't going to get you much if anything. If he retired from that employer during the 7 years you've been married you will only be entitled to the percentage you would get on those 7 years. IF he is still working for the same employer and doesn't retire for another 13 years at least you will only be granted the percentage of how many years you've been married. I get 1/3 of my ex's retirement and I was married to him for 17 of the 20 years he was employed...therefore 7 years, you're not going to get much...probably not even $100 a month.
And the first poster, MJ is wrong about the military. In order to get 1/2 pension you have to be married the ENTIRE time your spouse is in the military prior to retirement...Proof, I'm receiving 1/3 my ex's because we were not married the full 20 years he was in the military. The ten year law was changed in the 90s.
2007-12-05 12:26:51 · answer #2 · answered by Anonymous · 0⤊ 0⤋
you are entitled to an amount but it's up to the courts to decide how much. Generally it's half....he's telling you t his to get you to try not to go after it. Hire an attorney and make sure it's a gal who's been in practice for a long time.
One thing to note....NEVER NEVER NEVER take the house instead of the cash! Women always fail to consider the annual upkeep of the house and ask for it during divorces generally out a fear of being homeless....then they end up having to sell it anyways!
Add up all of the assets; including house, pension, 401k, vehicles etc etc etc...and ask for 50% of it. Sell the house to convert it to cash BEFORE the split so that you know exactly how much you're getting. Worse thing you could do is say "house is worth this much" and split based upon that and come to find out it's worth 80% of that...you just let your husband have a chunk of change he didn't deserve.
I could go on and on...but you deserve $$ and the attorney will make sure you get it.
2007-12-06 07:52:00 · answer #3 · answered by digdowndeepnseattle 6 · 0⤊ 0⤋
Depends on where you live i think but i be calling a attorney and ask them what your entitle to.He is the one having the affair not you. And how old are the kids? You can have it put in a trust fund for them.Best of luck and sorry your going through that.
2007-12-05 06:07:44 · answer #4 · answered by Toni A 4 · 0⤊ 0⤋
You need an attorney consultation. My opinion is yes. At least 7 years worth. He is having the affair not you.
He answered your question with authority I bet. That's because he knows that you are entitled. He wanted to psych you out, that's all.
2007-12-05 06:15:49 · answer #5 · answered by KAZONE 4 · 0⤊ 0⤋
It can varry from state to state but usually, from the monment you get married, you are entitled to half of what his pension earns from that point on. if he has $100,000 now and there wsa $50,000 the day you got married, then you are entitled to $25,000. Hope this helps.
2007-12-05 06:05:20 · answer #6 · answered by mark019 4 · 0⤊ 0⤋
It depends, in the military after 10 years of marriage you get half of his pension.
2007-12-05 06:03:13 · answer #7 · answered by MJ 3 · 1⤊ 0⤋
I am pretty sure that even though he worked for it, any posessions yall have became the both of yalls once you got married. I am pretty sure they will have to be split and agreed on in the divorce.
2007-12-05 06:03:35 · answer #8 · answered by bbygrl 2 · 1⤊ 0⤋
depends on the state. In California i'm pretty sure half is yours. Go to a lawyer and ask.
2007-12-05 06:05:23 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I believe that you have to be married for 10years of the collected funds. call a lawyer but i believe this to be true. i don't think my ex would have just handed it to me if that were not the case. good luck
2007-12-05 06:04:41 · answer #10 · answered by denavirgo 2 · 0⤊ 0⤋