Determining Alimony Eligibility/Division of property


#1

I am hoping to get a little advice here. My husband and I are in the very early stages of possibly separating and I have some questions about alimony and division of property. He makes approximately $75,000 per year, I make $35,000 per year. Our home, both cars and all debts incurred during our marriage (nearly 9 years) have been done in his name due to my credit history. I will be keeping custody of our 3 children, and according to the calculator on this website would receive between $1350 and $1625 in child support depending on which of us covers the kids on our health insurance.

My two main questions are as follows—
1—Would I be eligible to receive alimony/spousal support? He makes about 2 1/2 times more than I do. How would I be able to determine the amount of alimony?

2—How would division of property be handled? The child support would be enough to pay the mortgage, so would that entitle me to stay in the house even though it is financed in his name?

3—We have 2 vehicles, both still financed, 1 is about $100 less per month than the other. Would I be able to ask for the car with the lower car payment since I have so much less income to pay for it?

I guess it may be important to note here that there is been no marital mis-conduct, affairs or domestic violence in this situation. We have just come to the realization that our personalities and interactions are not healthy.


#2

1—Would I be eligible to receive alimony/spousal support? He makes about 2 1/2 times more than I do. How would I be able to determine the amount of alimony?

Alimony is based on the amount needed to maintain your lifestyle, and his ability to pay. Amount of alimony is a very situationally specific analysis.

2—How would division of property be handled? The child support would be enough to pay the mortgage, so would that entitle me to stay in the house even though it is financed in his name?

All marital property and debt would be divided 50/50 unless there is good reason to argue for an inequitable distribution. If you work out an agreement to keep the house then you will almost certainly have to refinance it in your sole name.

3—We have 2 vehicles, both still financed, 1 is about $100 less per month than the other. Would I be able to ask for the car with the lower car payment since I have so much less income to pay for it?

You can ask for, and receive, anything he’ll agree to.