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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102142
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband wants a divorce. He says that he wants to keep his

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My husband wants a divorce. He says that he wants to keep his retirement package. He is retired. He says if I go after then he wants half the house. I do not want to leave my home. Will I have to give up his retirement income. Does he have to pay any sort of alimony ? I do work part time at present going full time. We heave several pets that were rescued can I get any financial support for them. I would not be able to care for them without some help. I want to not have a big war . Can we just get papers and fil out and submit to where ever needed to file ?
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am sorry to hear about your situation.

Will I have to give up his retirement income?

Yes - you will have the right to roughly half of the amount that was gained in the account while the account was pending.

Does he have to pay any sort of alimony?

Maybe. Alimony is on a need basis, and is subjective. The Court will want to know if you will have a financial problem once the divorce is executed and if so, may order alimony at discretion. Alimony is based on the following factors:

A.The earning potential and earning capacities of the parties. B.The ages and health condition of the parties. C.The income of the parties. D.The expectancies and inheritances of the parties. E.The length of the marriage. F.The contribution by one party to the earning capacity of the other. G.The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child. H.The standard of living of the parties established while married. I.The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment. J.The relative assets and liabilities of the parties. K.Any pre-marital property. L.The contribution of a spouse as homemaker. M.The relative needs of the parties. N. Any marital misconduct or fault O.Tax consequences P.Whether the party seeking alimony lacks sufficient property Q.Whether the party seeking alimony is incapable of self-support through appropriate employment.

(Pennsylvania Consolidated Statutes - Title 23 - Sections: 3701, 3702, 3704, 3706)

Can we just get papers and fil out and submit to where ever needed to file ?

YES. If the two parties agree on a division of property and assets that is mutually agreeable, the Court will simply agree to sign off on it. It is also common for parties to agree to 95% of the split, but then ask the Court to make a decision in regards XXXXX XXXXX 5% that cannot be agreed upon.

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