Generally, what am I entitled to in a divorce after a marriage of 10 years?

UPDATED: Jul 12, 2012

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Generally, what am I entitled to in a divorce after a marriage of 10 years?

I have been married to my husband, 39, for 10 years. I’m 37. I am currently on SSI Disability and do not work. I do not want to get divorced, but he does. He has not filed yet. We own a house, one car and a boat, all of which we owe money on. He has a 401(k) and gets a company car for transportation. I am agoraphobic, so if we get divorced I will have to have therapy to learn to get out of the house. I’ll also need to get back to driving, which I haven’t done in several years. All of this will take time, but I don’t know how long. Am I entitled to alimony and/or maintenance?

Asked on July 12, 2012 under Family Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Potentially under the laws of all states in this country in the event you and your spouse divorce, you and he will equally divide the assets of the marriage equally (car, boat, home, 401 k) including all liabilities. Separate property belongs to the person who owns such and are not divided.

As to possible spousal support, such is determined upon what you can and cannot do to earn a living, the length of your marriage, and how much money the other spouse earns annually. Such is for the judge to decide based upon county guidelines on such an issue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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