If Iam getting a divorce, whatI am entitled to?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If Iam getting a divorce, whatI am entitled to?
I have been married 30 years. In that timeframe I pretty much stayed home and raised the kids(although I had a few part-time jobs). My SS benefits will be $325 month at age 67. I am now 48 years old; all he has is retirement. We do not own a house, and we have no stocks or investments, but he does have a 401k. He is now cheating. I need out of this. My parents live with us and my dad had a stroke. I am helping take care of him. I just got a part-time job.
Asked on March 9, 2011 under Family Law, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your situation. Montana is what is known as an equitable distribution state, meaning that in a divorce the marital assets are divided equitably and not necessarily equally. However, in marriages of long duration - like yours - it can be pretty much the same when all the factors are considered. You are - without a doubt - entitled to a portion (and I think a good portion) of his 401K. You may also be entitled to some form of spousal maintenance to allow you to maybe go back to school and obtain skills to allow you to enter the workforce with a much higher chance of income. But you need to speak with an attorney as soon as you can. Good luck to you.
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 AttorneyPages.com 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.