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What is a spouse entitled to after 30 years of marriage

Portage, IN |

I have been married for over 30 years and my husband and I are no longer living like a married couple. We have had had no personal or intimate contact for over 8 years and his mental abuse is getting really bad. If I leave him what am I entitled to

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Attorney answers 2

Posted

That depends upon the circumstances - and can't be determined based solely upon the information you posted. You should consult a local divorce lawyer and discuss your case in detail.

Posted

Indiana utilizes equitable distribution in divorces. What this means is that all of your property and your husband's property is tossed into one pot, and it is equitably distributed between the two of you.

By default, you both receive 50% of the pot. However, there may be equitable reasons (i.e. reasons of fairness) why one of you would receive more than 50%.

However, without knowing more facts, it's impossible to speculate on 1) whether the judge would deviate from 50%, and 2) by how much the judge would deviate.

As to alimony, that is only given out under very narrow circumstances, and at most for three years. (It's called "maintenance" instead of alimony in Indiana.)

Realistically, you'll probably get something around 50% of the property that you and your husband own. However, it really is fact-dependent.

- Neil Wehneman

P.S. The standard disclaimers apply. These are general statements of law, and not legal advice, because I do not have all of the relevant facts. I am licensed to practice law in Indiana, and only practice outside Indiana through association with local co-counsel.

If you have other questions or if you would like to discuss your situation in more detail, feel free to contact me.

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