What is the spouse entitled to if I want a divorce after 21 years of marriage?

Can I keep the house? Does she get alimony? She has a degree but currently works and gets paid under the table. I want to keep the house and our kids are grown.

Asked on June 11, 2012 under Family Law, Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of most states in this country, the marital property of the divorcing couple are split equally in terms of dollars and cents. The same holds true of the liabilities.

If the other spouse is working, the amount of any spousal support depends upon her income and stattion in life that she is accustomed to. The problem that I see is that if she is getting paid under the table, the yearly income for spousal support calculations under county guidelines will be difficult to ascertain.

As to you getting to keep the family home, such depends upon if your spouse wants it and what equalizing item can be offset to her as to the equity in the home.

Whether alimony gets awarded depends upon your spouse's income on a yearly basis in comparison to your income. I suggest that you set up an appointment with a family law attorney to discuss your situation in greater depth.

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