If my husband has asked for a divorce, what are my legal rights?

UPDATED: Mar 5, 2012

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If my husband has asked for a divorce, what are my legal rights?

I have no means of support except for his paycheck, although we do own a business. The business is paying the bills but is not showing a profit. I have not been able to take any money from the business. I am spending most of my time trying to increase clientele. It is an LLC. We also have credit card debt and are just making ends meet at home.

Asked on March 5, 2012 under Family Law, Florida


Kelly Broadbent / Broadbent & Taylor

Answered 10 years ago | Contributor

In Massachusetts, all marital property is divided equally between the spouses,  This includes personal assets, business assets, any house owned, cars, and the portion of any 401k or retirement accounts earned during the marriage.

With regard to the LLC , it may be a case where the business is divided between the 2 of you, and both parties split the income, or it may be a case where one party takes over the business.  As far as the income from his paycheck, it may be a case where you can make a claim for alimony, however you have not provided enough information to make that determination.

I would strongly suggest that you consult with an attorney further on this matter.  It can get tricky where you own your own business with your husband.

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.

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