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Who gets what in a divorce?

The divorce is between a 40-something Man and his 40-something Wife. They have 2 children (11 and 16, both prefer mother). The mother takes care of the children 95% of the time and makes $90000. That would seem like a lot but its barely any because the husband doesn't have a real job and hasn't had one for probably 20 years except for one $15/hr job that lasted only 2 years, so the wife has to work 50 hours a week and still is the only parent that does stuff with the children. All he does is side jobs that only make him like $100 to $200 a week. He stays out late drinking sometimes and drinks almost every day (even if its just 2 beers). His side of the family treats her horribly. Not to mention the husband is close to just plain stupid. If it wasnt for the mother, the kids would be homeless.

CARS: the family has 4 cars. One of them is 10 years old that was bought by the wife for $18k is 2005 and another one that is 4 years old that was bought last year by the wife for $27k (she made/makes all payments). The truck is 20 years old and the wife helped pay for it ($1k). The only car the husband payed for was a 17 year old van that cost $600.

HOUSE: The house was bought in 2000 for $190k. The wife makes all payments. It is now valued at about $300k.

The only other semi-expensive things are classified as furniture (TVs, sofas, computers, etc) and were all payed for by wife.

Questions: Does the wife have to worry about losing anything? If so, what? Is there any other advice you would give to the wife?

3 Answers

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  • 10 years ago

    Get a good attorney (wife) and offer one old car and a new car to husband. Stay in house with the kids. Give him enough money for deposit/first and last month's rent for a decent place for him and kids. You will probably have to pay him something for the house and he probably won't pay much child support. Hopefully a good attorney will at least show he is capable of working and judge will tell him to get a job and not issue spousal support to him. You HAVE supported him so not sure. But good luck - do remember as bitter as you might be, he IS the father of your kids so try and have some compassion for him.

  • Anonymous
    10 years ago

    She will get custody of the children, he will get visitation, and will pay scant child support. If the house is in both names it will most likely be sold and equity split or she can pay him half of whatever equity an appraiser assigns. The autos will be split, as will household items. Doesn't matter all that much who paid for what. She has shown a willingness to support him and he may well ask for spousal support. It seems unfair, but that's what happens.

  • Anonymous
    10 years ago

    It depends who has the best attorney.

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