Q: My wife is trying to take everything from me with this divorce. I make good money. Can she take all of it?
2 children, married 6 years, she's never worked, she quit nursing school to be an RN with 2 credits left. I own a house, 2 cars and alot of collectables and music production stuff. She wants ALL of it.
A: Any property or assets acquired during the marriage is considered marital property and is divided "fairly and equitably" between the two spouses, typically 50-50. Any property or assets owned prior to the marriage by one spouse, can be claimed as separate property and retained by that spouse. But if there is a dispute about that, then the court will have to decide. Use the Find a Lawyer tab to retain a local divorce attorney to represent you.
It would be rare for any one side to get all of the property. Generally the Court divide all marital property (and debts) equally. Only in cases involving extreme economic misconduct by one side would the Court even consider such an outcome. In most case, however, the marital property is equally divided. Some issues that may arise is whether the property or debt is marital or separate.
Issues of spousal support are more complicated and depend upon the length of marriage, the disparity in income between the parties and whether there is need for further education for one spouse. Income can be imputed to a spouse that voluntarily chooses to be underemployed. Once again, the are complex issues and and the disposition of each case depends on the particular facts of the case. That is why it is important not to rely upon the "advice" of friends who think all divorces are similar to their own and you should consult and experienced attorney.
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