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How much is fair?

My husband is initiating a divorce... I'm not on the house papers and he has always handled all of the finances. I haven't been allowed to be a part of any of those decisions. Now he basically wants me to just leave after 6 yrs. I've asked that he provide me with reliable transportation for myself and  9 yr old and money to help me relocate. In return he keeps the house and whatever else his assets are. Is this fair? How do I calculate how much to ask for? Should I be also look into requesting a small amount of spousal support for a while to make sure I get on my feet ok?

by girlcalledEd   6 Posts 
Posted on 10/11/2008 6:50 PM
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Answers for "How much is fair?"  (4) (You must be logged in to answer)




Do not agree to anything he has suggested - and go talk to an attorney, many give free consultations, about what you are entitled to - if you worked at all during your marriage, and those funds helped pay the mortgage or taxes on the home, then you are entiled to a portion of the equity in the home, regardless of when it was purchased - plus you are entitled to a portion of his retirement - and that is not something you should give up.

You have a right to some spousal support as well.

 

He is trying to come out of this on the better end - he is trying to keep you from speaking to an attorney so you are unaware of what you have the right to - so don't fall for that.

 

 

by spaznskitz   3916 Posts
Posted on 10/13/2008 12:51 AM
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I wish I could tell you more than this...but getting a first consultation..hopefully free..lawyer consulatation would be wise.  I understand your situation...you DID SCREWED OVER!  He seems to have all the power...yes "seems" but before you agree to anything ask a lawyer.  Spaznitiz...(a member on this site)  is great.  She will freely and willingly give you great advice.  You are not alone and do not agree to anything before you get some answers!!
You have not expressed pain or sadness in this.  I know there has to be some so don't be afraid to express or share it because we have your back. 
God bless and God speed.
by Mypickerisbroken   102 Posts
Posted on 10/12/2008 1:18 AM
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The house was bought a month before I moved in 6 yrs ago. We've only been married for 2 1/2 yrs and the way the market is, I doubt it has gained any value. He had a nice truck but it was stolen on one of his many trips to Mexico over a year ago. He's refused to replace the family with any kind of decent transpo. I drive an 89 Explorer that was given to us by his Dad. It constantly needs repair work.He's a heavy equipment mechanic that has the ability to do the repairs. I on the other hand do not posess those talents and won't be able to afford to have it fixed all the time.  Besides, I don't want to have to keep crawling back around to ask for his help. He's agreed that I need better transpo but said he'll never get me anything new. My daughter is from a previous marriage and he was going to adopt her before but won't now. I didn't understand why he kept dragging his feet, but now that I'm having to really evaluate the situation I see that he's planned this for a long time. I don't know what the finances look like. He's never allowed me to handle them or be a part of any decisions concerning purchases or anything. He's tentatively agreed that he needs to help me financially to be able to move...can't afford to live in this area on my own. He also doesn't want to have an attorney but wants us to try and resolve these issues on our own. He also said he'd keep all the debt (whatever that may be) if I leave his retirement alone. I don't want a big knock down drag out balogny fight... but I don't want to be screwed either. Sorry for rambling... I'm just at a loss as to how I should proceed here. I still have no idea what to ask for or how he'll even be able to come up with it.
by girlcalledEd   6 Posts
Posted on 10/11/2008 11:33 PM
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Was the house purchased after you were married?  If so, he'll have to split it or part of the gain (if any today) with you.  Also, if you have 2 cars, any purchased after marriage, you will get to have at least one of them.
You will also be awarded child support and maybe alimony based on your earning versus his.
Some states have fixed amounts based on the division of the property, your ability to make income compared to his, and if awarded the house, costs of maintaining the house it's expenses (utilities, etc.).
If you don't have a lawyer, you need to get one ASAP.
Any assets you have, especially earned after your were married are split.  Including interest or gains made on retirement accounts even if he had them prior to your marriage.  May not be equally split, but split somehow.
Alimony is strong and worth pursuing.  You will get child support if he adopted the child (may vary in your state) and you are the primary care parent, until the child is 18 or out of the house.
If there are a lot of assets, they may negotiate a settlement that will give you more assets up front and no alimony.
GET A LAWYER!!!  In the long run it will be worth it!
by p_racer   5 Posts
Posted on 10/11/2008 8:29 PM
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