I’ve been married to my wife for19yrs. shorty after our wedding I realized I had made a terrible mistake as this is my 3rd marriage. I decided to go to counseling and it was discovered I suffer from PTSD as I am a Viet Nam veteran. I filed A claim with the Va. and am now getting benefits. I also retired about a year and a half after our wedding. I pay my second wife part of that retirement and I draw SS. And I pay all the bill in my present marriage. My present wife worked for about ten years and aquired a nice 401k, she also collects SS, although less than half of what I recieve. How would I fair financially if we divorce.
I would like to keep the house, but I know she would be entitled to half the equity.
You could keep the house, but you are correct that your wife would be entitled to half of the marital equity in the home.
You would also be entitled to half of her retirement that accrued between the date of marriage and date of separation.
In order to have a claim for alimony, one spouse must be the dependent spouse (who is substantially in need of maintenance and support) and the other spouse must be the supporting spouse (who has the ability to pay).
Ultimately there are 16 Factors which must be considered for an alimony award.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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