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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have several questions regarding divorce advice

Customer Question

i have several questions regarding divorce advice
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
i have been married 16 years and working on an agreement between my souse and myself. we have 2 homes. he owned one prior to marriage and my name is ***** ***** it (this is our residence). we have another home we both own and rent out. do i have any claim to the house without my name on it ? also where do i stand in my rights regarding his 401 k, social security, ira accounts ? am i eligible for alimony and if so how long and how much ? he makes approx 70,000 per year. i work part time approx $24,000 per year
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question and thank you kindly for requesting me to assist you with your concerns. To answer directly, you generally do not have an automatic claim to property that was 'separate' and obtained prior to the marriage. You can, however, demand a portion of the increase in value. For example, if at the time of marriage the property is assessed at $300,000 and at time of divorce the property is worth $400,000, the $100,000 increase is potentially arguable, and you can seek half of it as your increase in value. Likewise any increase in the 401K and the IRA after marriage can be deemed marital. Social Security is based on length of marriage--if you were married for 10 years or longer, you can seek a right to file against your spouse's share (it will not affect his right to receive social security or receive his full share). As far as alimony, if you are making less, you can seek up to between 15% to 30% of the difference in income. You can seek alimony for about 50% to 75% of the length of the marriage. Sincerely, ***** *****

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