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RobertJDFL
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I am a 53 year old women married for 5 years, my husband has

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I am a 53 year old women married for 5 years, my husband has never let me work. We own three homes all paid for my name is XXXXX XXXXX Three bank accounts with big money in each one, my name is XXXXX XXXXX Vechiles paid for and all assets paid for. He is very controlling and I need to know if we were to divorce what would happen.
Submitted: 2 years ago.
Category: Family Law
Expert:  RobertJDFL replied 2 years ago.

Thank you for your question. I appreciate your patience while I researched and typed out your answer.


While no one can tell you exactly what would happen in your divorce as each case is different, I can tell you that Nevada is a community property state. Community property is defined as all property and debt that was acquired from the date of marriage until the marital cut-off date (typically the date of separation). The community assets will be split equally by the Court if the spouses are unable to reach an agreement. It doesn't matter who acquired the property during the marriage or how it is titled, each spouse would get half of all marital assets. Of course, you can't split something like a vehicle, or a dining room table, but what this means is that if the total value of your marital assets is, say, $300,000, each party would be entitled to $150,000.

 

Spousal support (alimony) if it is awarded, is decided on a case by case basis based on factors stated in Nevada statutes. When deciding how much support to award, a court will consider: 1. The respective merits of the spouses; 2. the post divorce financial condition of each spouse; 3. which spouse actually acquired the property being used for support; 4. and the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession.

 

 

Furthermore, the court may also consider: (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education. (Nevada Statutes - Chapter 125 - Sections: 150)

 

 

No preference is shown to either spouse in the awarding of support; rather, what the court wants to ensure is that each spouse is provided for in a manner similar to that they had during the marriage. Given that your marriage is relatively short term, if you were to be awarded such support, I believe it would be more likely that you'd receive something short term/rehabilitative, that is, the court would award it to allow you time to adjust to being single again, reestablish yourself, etc.

If you require additional information, press "REPLY" and I will be happy to assist you further.



RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 10274
Experience: Experienced in multiple areas of the law.
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