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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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I want to know if I decide to divorce, what can I have after

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I want to know if I decide to divorce, what can I have after this. We have a 8-year-old daughter. My husband bought three properties (2 houses and 1 apartment) before our marriage. He has two mortgages and cc debt. We are living in one of his houses. What's right I have to live in the house with daughter? What's my alimony and child support, if any?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The three houses purchased prior to the marriage are your husband's separate property. If he never added your name to the properties or otherwise gifted them to you, they remain his separate property. He would usually get both the properties and the debt associated with them. If you used marital funds to fix up any of the properties, then you could claim half the value that those improvements caused.

Debt accumulated during the marriage, credit card or otherwise, is split between the two of you. Assets accumulated during the marriage by either of you are also split. That includes any bank accounts that you each have, retirement accounts, properties bought during the marriage, etc.

Your husband can agree to allow you to continue living in the marital home with your daughter until she turns 18, or the two of you can enter a lease agreement. A judge would uphold that agreement if it were made. Child support is based on your respective incomes and how much time you each have with the child. We unfortunately are not able to calculate it for you, but this calculator should give you a reasonable estimate.

Alimony is a little different. It's not based on a specific formula. There's also been a constant trend in the United States toward reducing or eliminating alimony. To get alimony, first, a person has to be able to show need. That means establishing that your income is not sufficient to support you in the marital standard of living (and child support will be considered in this). If you are not working, you may have to show an inability to work. The judge will look at your income vs. expenses and what your husband can afford to pay. Chances of getting alimony increase if the marriage has lasted more than 10 years. Typically, what you would get is what the judge thinks you need to help you become self-supporting. That means that payments frequently last about half the duration of the marriage.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

Excuse me, I reply only at night. Thank you for let me know some basic law. Some questions more: if apartment was bought during marriage, but my name does not include in the title, how is it work? I know my husband has some activities-assets (shares, cars etc) overseas, but it doesn't show in Tax Return. In this case how is US(FL) law work or foreign law?

If the apartment was purchased during marriage, it legally is marital property, unless it was purchased 100% with funds he acquired prior to the marriage. The name on the title is not relevant. In that case, each of you is entitled to roughly half the value. That means that you could be ordered to give him half the equity from other marital assets. Usually, the spouse that gets the children can remain in the marital home in that scenario, if you are able to afford the mortgage (including any child or spousal support you are awarded). You would likely be responsible for continuing mortgage payments if you get the house, even if the judge orders him to pay you support.

U.S. law will apply to everything, since you are getting divorced in the U.S. You will have the opportunity during divorce to request information regarding his other assets, and the judge can order him to transfer some portion of them to you, or can consider them when deciding how much he can afford to pay.

If your husband has substantial assets and you do not, it may be possible to ask the judge to order him to give you money to pay a lawyer during the divorce. A local attorney can file the paperwork for you, so that may be an option to consider.
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