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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.
What else can I help you with?
If i am separated from my wife but not legally is she entitled to anything?
If you are not legally separated or divorced, your wife will still be entitled to anything you own. You should seek a lawyer for specific legal advice.
I have been common law married for 20 years. my question is if i got legally married would i still be entitled to alimony if we ever got a divorce?
Yes, you would be entitled to alimony if legally married and then divorced.
If legally divorced and still living together is this marriage recognized as legal?
NOPE! If you are legally divorced, regardless of where you live, you are legally divorced.
How do you married American but im not legally divorced?
You cannot marry until legally divorced.
Can you legally get married in CA if you are not legally divorced in TX?
No. You must be legally divorced prior to re-marrying in any state.
Are you legally divorced the day you sign the decree?
No. You are legally divorced the moment the judge signs the document.
If you were married and divorced in Germany are you legally divorced in the states?
Yes, you are
What is my wife entitled to after 7 years of marriage in FL?
She will be entitled to what is her share legally.
Can an ex wife keep your name after getting divorced?
Of course she can. When she got married she legally changed her name to the name of the person that she married. She has that name legally unless she changes her name legally back to her maiden name.
If you have been separated for over 30 years but never divorced is your ex entitled to half your estate when you have been living with another woman for 23 of the separated years?
You don't have an "ex". Your wife is legally entitled to a portion of any property you own in your own name under the laws of intestacy. You can check the laws of your state at the related question link provided below. The woman you have been living with is legally entitled to nothing.
Can you remarry if legally separated in Arizona?
No you can not go and get remarried in the state of Arizona, if legally separated , you must remember you have to legally divorced to get married anywhere.
Is there a certain amount of time before a marriage can happen after getting a divorce?
As long as you are legally divorced you can get a marriage even the next day.
