Legal Question in Family Law in Pennsylvania
What am I entitled to after 32 years?
After 32 years of marriage, children grown and gone, I left my husband. I have been told that I am entitled to 60-65% of all our maritial assetts, plus alimony. The divorce has been going on for 2 1/2 years and we are still not close to an agreement. We filed for a No-Fault divorce. Husband only wants to give me 50% of equity of house, 50% of his Annunity and nothing from his retirement fund and no alimony. He says that because I worked all during the marriage and that I can support myself that I only deserve half. I have been told that the Master will award more because we have been married for so long. What is your experience with settlements in cases similar to mine?
1 Answer from Attorneys
Re: What am I entitled to after 32 years?
Generally alimony is not easy to get. There are a large number of factors involved so without knowing a lot more about your particular situation it would be hard to speculate as to whether or not alimony would be awarded.
As to his retirement fund that is a marital asset so it is subject to equitable distribution to the extent that the fund increased in value during the marriage. There is another adjustment that is factored in which is call the coverture fraction. That is calculated with the length of the marriage is divided by the length of time the retirement fund has existed. This is multiplied by the value of the retirement fund and that portion is then subject to equitable distribution.
With out knowing more it would be hard to say if the master will split everything 50-50 or use some other percentage. Like with alimony, equitable distribution percentages are determined by a number of factors and without knowing all the facts it would be very hard to know exactly how the master will decide.
If you have any questions feel free to contact me the initial consultation is free.
{John}
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