My husband and I have been married for 23 years. We are considering divorcing. I have been a stay at home mom for almost the entire time, other than working while he was getting his master’s degree. He now owns 50% of a business that is very successful. Does his business fall into our marital property to be split and will I be entitled to 50% of his half? Will I also be entitled to alimony on top of that? Child support as well? Our children are in private school, are they typically made to pay to keep them in private school? At 48, and with many, many health problems, how many years of alimony can I expect to get? There have been no affairs on either part.

The business is martial property, and you are entitled to half the value. As the dependant spouse who has not engaged in adultery, you are also entitled to alimony based on your reasonable needs and the ability of your spouse to pay. The term of alimony depends on the courts review of all the factors listed in the statute (you may read the same by following the link on this site), though half the length of the marriage is a good rule of thumb.

You will be entitled to child support for children who are under 18, the court can order that private school tuition be paid if it is found to be in the children’s best interest, and the spouse paying support can afford to pay.