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I am separated from my husband, and I am about to retire. Is…

Customer Question
I am separated from...

I am separated from my husband, and I am about to retire. Is he entitled to receive my retirement when we divorce?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Louisiana

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, I am a teacher in the Jefferson school system. My husband and I have a home that he left me in. Is he still responsible for wife support?

Submitted: 7 months ago.Category: Family Law
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Answered in 10 minutes by:
12/4/2017
Family Lawyer: RayAnswers, Lawyer replied 7 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,129
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 7 months ago
Are you there?
Family Lawyer: RayAnswers, Lawyer replied 7 months ago

If you paid in during the time of marriage is is considered marital property and subject to division.If you were only married part of the time a forensic accountant will have to calculate his share based on length of marriage and years you paid in.He ca be liable to you to pay spousal support if you make less than him.You may want to consider a local divorce lawyer to make sure this all gets divided fairly.

Louisiana has community property laws providing that all of the assets and debts a couple acquires during marriage belong equally to both spouses. A judge dividing community property must make sure that each spouse receives property of equal net value.

Louisiana Divorce: Dividing Property | DivorceNet

Louisiana family law courts may grant alimony when one spouse needs financial support during or after a divorce. Alimony is designed to help the receiving spouse maintain the same standard of living after a divorce that the couple enjoyed while they were married. Even when the court makes an award for alimony, the expectation is that the recipient spouse will become self-supporting within a reasonable amount of time.

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Either spouse may ask for temporary alimony during the divorce, and for short-term or permanent alimony to continue after the divorce is completed. Temporary alimony is calculated based on the standard of living during the marriage, so it may be higher than permanent alimony, which is calculated based on financial need and may last for a number of years.

In Louisiana, fault plays a big part in alimony decisions. Before the court decides the amount of alimony payments, it must first establish that the spouse requesting alimony is not at fault for the breakdown of the marriage--a spouse who is at fault may not receive alimony. The term "fault" may include actions such as adultery, abuse, and abandonment.

Once the judge has decided that alimonhy is appropriate because fault isn't in play, the judge will review several factors, including each spouse’s ability to work, health, age, and financial obligations, as well as the length of the marriage and whether one spouse has primary custody of the children. It will also consider each spouse's earning capacity and the time it may take for the recipient spouse to acquire education or job training. The monthly amount of alimony cannot exceed one-third of the paying spouse's income; alimony may also be paid in a lump sum.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Family Lawyer: RayAnswers, Lawyer replied 7 months ago

Lawyer referral for you here by city in Louisiana

https://www.lawyers.com/divorce/louisiana/find-law-firms-by-city/

Let me know if you have more, thanks and Happy Holidays.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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