Both husband and wife are subject to the same divorce laws. This means that the law is not sexist in any way. Today it is as common for the wife to pay spousal support as it is for husband to pay it.
An experienced divorce attorney will assess a divorce based on a number of facts such as the length of the marriage, income of both parties, as well as whether there are children or assets, such as real estate, or debts. There may be other issues such as investment accounts or retirement accounts that may also need to be assessed. Once all the facts are known, an experienced attorney can advise as to legal rights and what is reasonable.
The length of the marriage may impact the length of a possible spousal support payment. A marriage that is over 10 years may entail a spousal support payment for the life of the party receiving it or until death or re-marriage. Spousal support may be an issue in any marriage and is based on a number of factors such as need, differential in income and other factors. Spousal support may be requested by either party, the husband or the wife.
When children are involved in a divorce, issues such as child support as well as custody and visitation need to be addressed. One party normally pays child support. Who pays and how much is paid is dependent on factors such as the number of children, percentage of time spent with them as well as income of both parents. There may be other factors. A competent divorce lawyer will calculate an appropriate child support payment by using a software program called a ‘dissomaster’.
Real estate as well as assets and debts that were acquired during the marriage are usually considered community property. In addition, contributions to investment and retirement accounts during the marriage may also be considered community property. Your lawyer will assess the assets and debts and explain the options with regard to their division.
Often legal rights in a divorce are complicated. It’s best to start with a consultation with an experienced divorce attorney who can explain the process and legal options.