If Ihave been married for 19 years and am a stay-at-home mom, what can I expect regarding the division of assets and alimony?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If Ihave been married for 19 years and am a stay-at-home mom, what can I expect regarding the division of assets and alimony?

My husband and I have 3 kids (9 year old boy and twin girls that are 17). I want out of the marriage. He is controlling and he never has anything to do with the kids. He is abusive with his words. I don’t work due to our agreement when we had kids that I was to stay home and tend to them. He is waiting for the girls to turn 18 so he doesn’t have to pay child support for them. We bought my daddy’s land 6 years ago and built a house here. My name is on nothing we have – no checking account nor the home we live in.

Asked on July 18, 2011 under Family Law, Georgia

Answers:

NULL

Answered 10 years ago | Contributor

I am so sorry for your situation.  I am also so sorry for your children but do not fret: things are not as bleak as you think.  And although it may be very depressing right now you need to be strong and fight for your rights.  If not for you alone for your kids.  First of all you need to seek help from an attorney in your area.  Try legal aid or a law school clinic or a women's services group. Let's start with the kids. Support in Georgia is based on an income shares model that requires consideration of both parties' gross income. At this point in time he is the sole wage earner so he will be baring the support of the kids, especially with the 9 year old.  As for the girls, the duty to financially support the child until that child turns 18, marries, dies or becomes emancipated, whichever occurs first. However, if the child has not graduated from high school prior to reaching age 18, then the obligation to support that child continues until the child graduates from high school provided the child remains a full-time student, but not beyond the age of 20. The court cannot order parents to pay for college. However, parents may agree to pay child support beyond the age of 18 or to pay for college expenses.  Seems like he will not agree so you need to fight for the girls.  Especially for college.  If he is educated through college and beyond then that may help your case.  You are also entitled to maintenance or alimony. Alimony may be for a limited period or until the spouse receiving alimony dies or remarries. It may be paid in one payment of money or property, or it may be paid over a period of time.  As for the checking accounts and the house, they are marital assets.  Marital property is all property acquired during the marriage, except for property received by gift from a third party or by inheritance. Each spouse is entitled to an equitable share of all marital property acquired during the marriage. The judge or jury will decide on the division of marital property. Marital property will be divided equitably (not necessarily equally) between the parties regardless of how the title to the property is held. There is no set formula or percentage amount used to divide marital property.  His income duing the marriage is marital property.  His pension is marital property.  The house is marital property.  It does not matter if his name is the only one on any of it.  WHat does worry me is your ability to support yourself if he leaves so consider having your name added to the account and start saving some on your own "in case."  I am not telling you to hide assets but only to be cautious to protect you and the kids.  Good luck to you.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It doesn't matter if your name is not on the property, those objects and assets and accounts are marital property. Now, you can certainly obtain a legal separation now and your husband would have to pay you alimony and child support for all the children. For many states, divorcing spouses are oftentimes required to pay for the child's education and support even after 18. Sounds like you need to be out but need to protect yourself and your minor children. You should immediately seek a divorce attorney but you need to decide whether you prefer a male attorney or a female attorney. Then, review his or her disciplinary record and decide whether you should legally separate now and obtain interim orders of support or if you should go ahead and file for divorce and seek what you can. If you are accustomed to a certain lifestyle, you need to bring that to light because ultimately that will impact your alimony, especially if you do not have a professional background that would allow you to go back to work.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption