Legal Question in Family Law in Florida
husband and I have been sleeping in seperate rooms for years things are not good we are preparing to sell our home this year I have been out of work and still trying to find a job if we separate and divorce will I be entitled to alimony. And when I file my taxes next year can I be considered separate or does he have to be not living at home.he also has 401k will I be entitled to half like the sale of the property.
thank you for your help
2 Answers from Attorneys
-You get half the marital portion of the 401k
-You may or may not be entitled to alimony.
-You can file married filing separately if you want.
alimony is based on need and his ability to pay. Also it will be determined based on the years of marriage. The 401K will be based on the time of the marriage. if you were together when it began then you will be entitled to one-half. If you are not working, he may need you as a deduction. You could ask for one half of the refund if any.
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