I’m getting a divorce from my husband. What am I entitled to ask for?

UPDATED: Sep 30, 2022

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I’m getting a divorce from my husband. What am I entitled to ask for?

We have one 4 year old child together. We are
sharing 50/50 custody, but he is away on work
trips often and I have to care for him. The
house we have is under his name.


Asked on May 20, 2017 under Family Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no simple answer, since it is so fact-specific. You NEED to speak with a family or divorce law attorney in depth about the situation. That said, and to oversimplify:
1) If you have been the primary care giver and it would be better for the children to be with you, you can ask for custody
2) If your spouse was the main or only breadwinner, you can ask for spousal support ("alimony").
3) If you get child custody, the non-custodial parent (your spouse) will pay child support.
4) You should get around half (give or take) of any marital assets (propoerty or money accumulated during marriage). 
But again, exactly who earned what, exactly what is owned and in whose name it is titled, what is really in the children's best interest, etc. will determine what happens--every case or situation is different. Do youreself a favor and consult with an attorney in detail about this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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