What are the general considerations in a divorce after a long-term marriage in the USA?

Question from Lord, What are the general considerations in a divorce after a long-term marriage in the USA?

Answer from AI:

When considering a divorce after a long-term marriage, there are several key factors to consider. These include the division of property, spousal support, and retirement benefits.

Division of Property

In the United States, the division of property in a divorce is generally governed by either community property law or equitable distribution law, depending on the state.

• Community Property States: In these states, all property acquired during the marriage is considered jointly owned and is typically divided equally in a divorce. This would likely include both houses you own together.
• Equitable Distribution States: In these states, the court divides marital property equitably, which may not always mean equally. The court considers various factors, such as the length of the marriage, the age and health of the spouses, and the earning capacities of each spouse.

Spousal Support

Spousal support, also known as alimony, is another important consideration. In many states, the length of the marriage is a significant factor in determining whether, and for how long, one spouse should pay support to the other. Given the length of your marriage and the fact that you do not work, you may be entitled to spousal support. However, this is highly dependent on the specific laws of your state and the discretion of the court.

Retirement Benefits

Retirement benefits, such as a 401(k), are often considered marital property and subject to division in a divorce. Under the federal law known as the Employee Retirement Income Security Act (ERISA), a court can award a portion of one spouse’s retirement benefits to the other spouse.

Health Insurance

Health insurance is another important consideration. If you are currently covered under your spouse’s health insurance, you may lose this coverage in a divorce. However, you may be eligible for COBRA continuation coverage, which can provide temporary health insurance for up to 36 months after a divorce.

Given the complexity of these issues, it is strongly recommended that you consult with a legal professional for personalized advice. You may also find it helpful to use self-help resources, such as those provided by the American Bar Association and the U.S. Government’s official web portal.

Please note that this information is general in nature and does not constitute legal advice. Laws vary by state and individual circumstances can greatly affect the outcome of a legal issue.