What are odds of support if no kids?

iVillage Member
Registered: 07-04-2008
What are odds of support if no kids?
5
Fri, 07-04-2008 - 11:10pm
I have so many questions going through my head and have yet been able to talk to a lawyer. My husband of 11 years wants a divorce. We don't have any children. He wouldn't use a condom, didn't want me to take birth control pills because of cancer scare, didn't want kids so I ended up having my tubes tied. Now, I'm about to lose the one thing I thought was solid, my marriage, and I realize if I should ever meet someone in my future I can't provide kids to them. I'm getting off track...does anyone know what the odds are of getting a settlement if we didn't have kids? Everythng is in his name. The cars, the checking account, our house was his before I met him, so nothing is in my name. Am I about to get screwed?
iVillage Member
Registered: 10-25-2006
Sat, 07-05-2008 - 1:01pm

Jo,


Hi. Welcome to the board.


Only an attorney can properly advise you of your rights and responsibilities in the event of divorce. Laws vary from state to state. So make an appointment with an attorney ASAP. Take with you copies of your tax return, bills, bank statements, and any insurance policies, retirement accounts, or other financial documents. It doesn't matter if things are in his name only. Most states recognize marriage as a business relationship and you may be entitled to partial equity in the home, retirement, etc.


Again, only a lawyer can properly advise you. Write down your questions so you use your time wisely at your consult.


As for him buying things from you, my advice is make an inventory of everything in the home: furniture, art, autos, etc. I'd also buy a disposable camera and take pictures of everything. If you do agree to sell things to him, I'd find out a fair market price.


Good luck.


CL-Wisdomtooth2020

iVillage Member
Registered: 07-06-2008
Sun, 07-06-2008 - 6:59pm
for some reason it seems like 10 years is the magic number.
iVillage Member
Registered: 11-28-1999
Mon, 07-07-2008 - 12:17pm

I agree that you need to talk to an atty about your specific case.


There is a diff. between property division & alimony.

iVillage Member
Registered: 05-21-2008
Tue, 07-08-2008 - 9:56am
I can tell you generally in a community property no-fault divorce state, what was his will be his after the divorce. What you got together during the marriage will be split 50/50, including any retirement plan, etc. If he had a plan and contributed to it, that part of it from during the marriage will be split 50/50 (this is where accountants come in, to do these calculations). If you have no income or job skills, the court will consider whether you can get some kind of job training, etc., and probably order support for you until you can get on your feet, since this was a long term marriage (over 10 years). But unless you're very old and/or can't work, support probably won't be endless. The courts in my state will consider the couple's lifestyle. There are other states like New York, I believe, where if one party is more "at fault" the other party gets more of the marital property. I hope this helps. You should seek out an attorney, even if you can't pay for one up front. The court will probably require hubby to pay that (although it might come out of your share of the property, but consider it an investment). Don't try to go it alone. Hang in there.
iVillage Member
Registered: 07-04-2008
Tue, 07-08-2008 - 8:20pm

thank you everyone for your responses. I've spoken with some attorneys and don't feel much better. One just told me to sit still and wait and see what he does???????????!!!!!!!!!!!!!!!!!!! the other told me better things, but his retainer is $2500.00!!!! Can you say "good God"?


I'm beginning to feel defeated. But I appreciate everyone's thoughts and advice.