I’m getting a divorce from my husband. What am I entitled to ask for?
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I’m getting a divorce from my husband. What am I entitled to ask for?
We have one 4 year old child together. We are
sharing 50/50 custody, but he is away on work
trips often and I have to care for him. The
house we have is under his name.
Thanks
Asked on May 20, 2017 under Family Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
There is no simple answer, since it is so fact-specific. You NEED to speak with a family or divorce law attorney in depth about the situation. That said, and to oversimplify:
1) If you have been the primary care giver and it would be better for the children to be with you, you can ask for custody
2) If your spouse was the main or only breadwinner, you can ask for spousal support ("alimony").
3) If you get child custody, the non-custodial parent (your spouse) will pay child support.
4) You should get around half (give or take) of any marital assets (propoerty or money accumulated during marriage).
But again, exactly who earned what, exactly what is owned and in whose name it is titled, what is really in the children's best interest, etc. will determine what happens--every case or situation is different. Do youreself a favor and consult with an attorney in detail about this.
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