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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30168
Experience:  Attorney with experience in family law.
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Divorce my husband of 6 yeas wants to call it quits am i

Customer Question

Customer: divorce my husband of 6 yeas wants to call it quits am i entitled to any of his retirement money or do i qualify for spousal support he also wants me out of the house can he put me out when i have no where to go?
JA: Thanks. Can you give me any more details about your issue?
Customer: he is also accusing me of cheating i am not but because he is older and having some sexual problems he constantly accuses me
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Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

What state do you live in? Did the two of you purchase the house during the marriage?

Customer: replied 1 year ago.
I live in ga he had the home before marriage.
Customer: replied 1 year ago.
I do not want a divorce but neither do i want to be treated unfairly if we do get one.
Expert:  Lucy, Esq. replied 1 year ago.

Thank you.

I'm sorry to say, you can't stop him from getting a divorce if he wants one, but you can make sure you get what you're entitled to.

Georgia is an equitable distribution state, which means that the judge will divide all property acquired during the marriage in a manner he deems fair. Judges typically start with the presumption that property should be split 50/50. That means you'll get half of any money put into retirement accounts while you were married, and the interest on that money.

He actually can't just throw you out of the marital home. You won't get to keep living there after the divorce is finalized, but he'll have to give you notice before making you leave. Is there a mortgage on the house?

Expert:  Lucy, Esq. replied 1 year ago.

The judge has to consider many factors when deciding whether to award alimony, including how long you were married, the disparity in your incomes, whether you have a prenuptial agreement where he promises to pay, the standard of living enjoyed during the marriage, and things like that. The judge has discretion to order him to support you for a couple of years until you are able to gain any education, training, or skills needed to support yourself. However, support is most frequently awarded in long-term marriages, which yours is not. So you can ask for it, but there is no guarantee that support will be awarded.

In court, he'd have to prove that you were cheating, which it doesn't sound like he can do. The judge won't listen to allegations that aren't supported by any evidence. He's probably saying that to avoid paying you alimony. If you wind up going to trial, it may help to have a local attorney help you to ensure that you still get what you're entitled to.

Customer: replied 1 year ago.
There is a mortage on the home but the house is in his name and his ex girlfriend.
Expert:  Lucy, Esq. replied 1 year ago.

That's OK. You can still ask the judge to order him to repay you half the amount of the payments that were made over the last 6 years. The reasoning for that is, that you paid toward increasing the equity in the property, and it's not fair for your husband (and his ex) to get 100% of the benefit of doing that. After all, if you hadn't been paying that, you could've been saving or paying toward a property in your name. So the judge might give you that.

If any improvements were made over the last 6 years, you can also ask for half the amount those improvements increased the value of the property.

Customer: replied 1 year ago.
If he had the house before we got marriage he want be able to just throw me out ?
Expert:  Lucy, Esq. replied 1 year ago.

No. You still have rights as someone who lives in the property. He will be able to eventually get a court order that you have to leave, but he needs to give you notice. If he filed a motion, the judge would give you a month or two to find another place. If he changed the locks, a police officer should be able to force him to let you back in, because you're not a guest. That's the marital home, and you live in it.

That doesn't mean that he won't get the house in the end, because he will. So it's in your best interests to start looking for another place.

Customer: replied 1 year ago.
The only bill i paid at the house was the telephone bill and and the internet plus i bought groceries he paid for all the improvements on the house so i probably cant get anything for as equity right?
Expert:  Lucy, Esq. replied 1 year ago.

Yes, you can. All money earned during the marriage by either of you is part of the marital estate. And you're both entitled to half of the money that was accumulated. You may not have paid the mortgage directly, but you contributed to the marriage in other ways, and that benefited your husband.

Customer: replied 1 year ago.
my husband is due to retire in 2016 he want say when , how can i ask for half of his retirement if he hasnt retired yet ?
Expert:  Lucy, Esq. replied 1 year ago.

You can ask for half of whatever amount was acquired while you were married, even if he hasn't retired yet. There's something called a Qualified Domestic Relations Order (pronounced "quaddro"), which can be used to transfer that money from his name to yours, even if he's still working.