What are you legally entitled to when getting divorced?

Answer 1

Depending on which state you live in, the answer varies. In some states, marital property is considered to be "community property" which means that the couple shares the ownership equally in any property acquired after the marriage, with the exception of gifts and inheritances to an individual spouse.

In other states, marital property is divided according to "equitable property" law, which means that the judge starts out with the assumption of a 50/50 split, then looks at each person's circumstances (such as their ability to work and earn a living, their contribution to the assets acquired during the marriage, etc.) and adjusts the numbers accordingly. Thus in an equitable property division it is probable that the spouse who contributed more or who will require more to survive may receive more property in the settlement than the other spouse.

Any property that each of you already owned before the marriage (such as your own car, your jewelry, retirement accounts, etc.) are not considered part of the marital property to be divided. You can look up whether your state is a community property state or a equitable property state online. The bottom line is that you are only due half (maximum) of the value of property acquired after you married in the divorce settlement. Other financial considerations such as child support or alimony are separate matters to the property issue.

For a more accurate answer you need to consult with a divorce attorney in your jurisdiction.

Answer 2

If you're in the US, generally speaking, you're entitled to 50% of the martial assets (martial asset = whatever was acquired during the marriage). But there are sometimes exceptions/odd situations, so you need to talk to a local attorney for an accurate answer.

Answer 3

Yes, it is permissible. You can file a pettion citing the reasons their of.

Answer 4

During a divorce you are entitled to half of all assets that were acquired during the marriage. You are not entitled to anything that was owned before the marriage took place.