I’m currently going through a divorce, and my husband is waiting for a settlement. We don’t have kids, and I’m wondering if I’m entitled to half of that settlement. Can anyone help explain how this works?
Whether you get half of the settlement depends on the laws of your state. Some states follow community property laws, where marital assets are split 50/50. In other states that follow equitable distribution, the division is based on fairness, which might not always be an even split.
@Flor
Thanks! We’ve been married for about 10 years. Does that factor into the division?
Harper said:
@Flor
Thanks! We’ve been married for about 10 years. Does that factor into the division?
Yes, the length of the marriage can be a factor in equitable distribution states. The longer the marriage, the more likely the court is to divide things closer to 50/50, but it will depend on other factors too, like each person’s contributions and earning potential.
You’ll also need to consider what assets are considered marital versus separate property. If the settlement your husband is waiting for involves assets he had before the marriage or that he inherited, those might be classified as separate property and wouldn’t be split.
@Keelan
I’m not sure about that. I’ll have to check. If it’s separate property, does that mean I’m not entitled to any of it?
Harper said:
@Keelan
I’m not sure about that. I’ll have to check. If it’s separate property, does that mean I’m not entitled to any of it?
If it’s considered separate property, then it typically won’t be divided in the divorce. But if marital funds were used to enhance the value of that property, you might still have a claim to part of it.
A settlement agreement could also impact what you’re entitled to. If your husband is waiting for a settlement, it’s important to understand the terms. You might want to consult with a divorce attorney to make sure your rights are protected.
@Keaton
I think I’ll reach out to an attorney to get a better understanding of what I’m entitled to. Thanks for the advice.
If you’re in a community property state, you’re more likely to get half of the settlement. But if your state follows equitable distribution, the court will look at what’s fair, which may not be an even split. It’s best to get legal advice specific to your state.
@Zola
I’ll definitely look into my state laws and consult with a lawyer. Thanks for the input!