Legal Question in Family Law in Virginia
I am a 55-year-old male, have been separated for 7 months from my wife of 27 years. I receive a pension of 4,800/mo and a salary from my current employment of 4,000/mo. My wife also works and makes approximately 2,000/mo. We have two kids -- one is 20 years old and one is 22 years old, both in college. We own a home which is worth appoximately 950,000, of which there is owing approximately 150,000.
I left the marriage and want a divorce. My pension and salary are both directly deposited into a joint checking account, of which my wife has complete control over. I live in a room at a friend's house where I receive free rent. Consequently, I only use at the most $500/mo from the joint account.
I have two questions:
First is, can I start having my pension and salary put into a new account of my own?
Second is how much spousal support will my wife be entitled to?
Also, she wants to keep the house, but I would like to sell it so I can buy something small in the future. Will the court order it sold? Also, I would like some household furnishings, but my wife says all I can have is a sofa.
Thanks for your guidance!
2 Answers from Attorneys
Pension Plans are very complex issues. Have an attorney take care of it along with any other divorce matters. It is my guess that she will get the value of a portion of the retirement in one way or another. In the mean time - call up work administrator at work and speak with him/
her about some of the issues. They may have some preliminary forms for you to begin the process. The plans are normally addressed w/ divorce decrees.
Spousal support. Sometimes a spouse recieves no support. Other times they do. There is no exact amount of spousal support I can determine your wife is entitled to at this time based on the facts you offered. There are some formulas. Ultimately up to the judge.
You can and should have your pension and salary deposited into a new account in your name only.
Your wife will be entitled to spousal support, both temporary support during the divorce process and permanent support (until her death or remarriage or your death) so long as she is not found guilty of adultery during the marriage. The amount of temporary support is likely to be 30% of your gross income of $8800 less 50% of her gross of $2000, equaling about $1640. The cost of the mortgage would perhaps alter this number upwards, as the court will want the mortgage on this valuable asset kept current.
Nothing will be done about splitting your pension with your wife or dealing with the future of the house until the time of a final divorce settlement or court trial. If the matter goes to trial the court can award your wife up to half of that portion of your pension which was earned during the marriage. The court can also order the house sold if it finds that neither party is willing and able to buy out the interest of the other party (it is likely that the court will determine you and your wife have equal interest in the $800,000 equity.)
Don't get into this stuff without being represented by an attorney; that would be penny wise and pound foolish.
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