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Married 25+ yrs, Husband earns 125,000,+ , has stocks, 401k, S@HM-what kind of spousal support might I be eligible for?

Oswego, IL |

worked part time all these years & volunteered w/ schools, churches outreach etc

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Attorney answers 5


Maintenance awards are determined by considering 11 different factors (plus a catch-all).

You're probably looking at some kind of an award, but without a LOT more information, we're not going to be able to give you any kind of a meaningful answer.

You need to talk with an attorney -- a conversation where questions can be asked and answers given.


It's probable that you'd get some support - but how much will depend upon a full analysis of the economic situation. Consult a local attorney with the details...

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

Joseph Henry Sparacino

Joseph Henry Sparacino


Some of my Illinois colleagues would have a problem with Mr. Browde participating in the discussion here. I don't; I would only raise an issue if the advice offered ran up against a unique Illinois law issue. Mr. Browde's advice is just fine.


The determination of future support includes consideration of many variables. The ones you mentioned are extremely important. There are other issues that will affect the final outcome.
These are things that are best addressed in a face to face meeting with an attorney who reguarly practices in your area. Seek one right away.


How many are" all these years"? It varies with need, ability to pay, and the duration of the marriage. Have you given up a career to raise children, support his career, etc.? Are you disabled in anyway? What is your level of education? Would you need additional schooling/training to find a job? Is there a lot of debt he will be assuming and holding you harmless on? These are the questions which need answers to determine the amount of maintenance (spousal support) that could be awarded. Maintenance is separate from the issue of the 401k. The 401k and stocks are property; you can claim half of what has accrued during the marriage as your share. Using the 401k as an example, that means if you have been married 10 years and has contrbuted to the 401k for 20 years; you get half of what accrued during the 10 years; not half of the amount accrued for the entire 20 years.

This is a general answer and does not address the specifics of your individual case. To give the specific answer you need our firm needs you to come in for a consultation.


This forum is not the proper place to analyze what your maintenance will be. You must go in person and consult with a local divorce attorney. If you wait to do that you will be at a distinct disadvantage in your case.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

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