Hi my husband left me after 22yrs of marriage do i have any legal rights we are both in our 57 and 59?
Hi - my name is XXXXX XXXXX X'X a family law litigation attorney here to assist you.What state are you in?
Relist: Incomplete answer.
Thanks. I was helping another customer. Bear with me just a moment.
Yes, you have legal rights and are entitled to a division of marital property and also spousal support. Under Ohio law, each spouse is considered to have contributed equally to the production and acquisition of "marital property." Therefore, Ohio law requires that marital property (any property or asset acquired during the marriage) must be divided equally, unless such a division would be inequitable. In such a situation, the court must divide the property equitably instead of equally.In dividing marital property, the court must consider all of the following factors:1. the length of the marriage2. the assets and liabilities of the spouses3. the desirability of awarding the family home, or the right to reside in the family home for reasonable periods of time, to the spouse with custody of the children 4. the liquidity of the property to be distributed5. the economic desirability of retaining an asset or an interest in an asset intact, rather than dividing it or its value6. the tax consequences of the property division on each spouse7. the costs of sale, if an asset will have to be sold to equitably divide the property8. any division or disbursement of property made in a separation agreement that was voluntarily entered into by the spouses9. the retirement benefits of the spouses (except Social Security), and10. any other factor that the court expressly finds to be relevant and equitable.As for spousal support, this is a need-based award that a court can give to a needy spouse if it is shown that the spouse needs financial support to be able to maintain his/her current standard of living. Generally, spousal support is awarded for 1/2 the length of the marriage, but in a long marriage like this, the support could be permanent. Unfortunately, there is no specific percentage that you are entitled to. Instead, the court considers your need for supplemental income to cover your monthly costs/bills. Thus, you should expect to be entitled to approximately half of all marital property as well as receiving some amount of spousal support.
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