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Married and a homemaker 12 years we own 2 homes, he has pension, 401k, how do i file and who gets what? what am i entitled to?

Lincoln Park, MI |

do i get alimony how do we divide being i only worked 6 months out of the home?

Attorney Answers 4


Hi, You are asking a lot of good questions that can be answered with a lot more factual information from you. I urge you to talk to an attorney to find out what your legal rights are.

Good luck to you.
Henry Gornbein

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Alimony/spousal support is dependent on a number of factors including, but not limited to, length of the marriage, need for support and the ability of the other party to pay, age of the parties, incomes of the parties, etc. Far more facts must be disclosed to more properly evaluate a claim for alimony. As a general rule of thumb, the assets acquired during the marriage are subject to division, which, as another rule of thumb, is 50/50 barring any claims of fault for breakdown of the marital relationship. You would be doing yourself a disservice to believe that you are able to file a case and represent yourself. Do yourself a favor and retain the professional services of an experienced family law attorney.

Neil M. Colman

Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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I agree with counsel. You have many significant issues and the answers are both fact-dependent and can't be answered easily on a forum like this. I strongly suggest with all of that on the line you get help from a Michigan divorce lawyer.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

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In a nutshell, divorce is complicated and you have been a homemaker. For you to be treated fairly, you should retain an experienced divorce lawyer. As other lawyers have indicated, property acquired during the marriage is generally split 50/50, including the 401k. You should get some form of spousal support. Your spouse may be required to pay some part of your legal fees. The information that you have provided does not allow a more precise answer.
If you would like to discuss this in more detail, you can call me. My office number is (810) 664-1388.

I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.

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