Legal Question in Family Law in Utah
divorce rights
My spouse is retired. I am not. I am working now but have worked very little in our marriage. He had 3 children when we married and we had two of our own during our marriage. We have been married almost 18 years. We both live in Utah and have been for the past three years. His retirement is through California and apparently his social security as well (according to him). We have 2 dependant children (15 & 16 yrs.old). If we divorce do I get any of his retirement and/or social security? I get $399 per month right now thru his retirement. The children get the same amount each as well which I never see because directy into his bank account. Also, are the children old enough to choose who they live with?
1 Answer from Attorneys
Re: divorce rights
IF you divorce you get child support until the children are age 18. They do not decided for themselves, but the parents can agree. If there is a dispute over the children the court will make the decision after consulting with a child custody evaluator. You are entitled to one half of his retirement that accrued over your marriage. You are not entitled to his social security, but may be entitled to alimony. You may call for a free consultation.