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by Anonymous on February 1st, 2008

Anonymous

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I was married overseas. i have a green card. im not a USA citizen. if i divorce my husband will i get half of everything? even the things that he had before our marriage? we have two kids.

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Answers. 2 helpful answers below.

  • by Anonymous on February 1st, 2008

    Anonymous

    The distribution of assets will conform to the law of the state you get divorced in. Thus, assuming you can meet the standing requirement and you divorce in a community property state, then you are entitled to half the marital assets.

    What is a marital asset? It is everything that was earned during the marriage, and anything that was acquired before the marriage but commingled. For example, if your spouse had $1 million in the bank and when you got married you deposited all of your money in the same account, then that whole account may be a marital asset. I say it may be because there are exceptions to rule on commingling.

    If you want a rule of thumb, it is this. You are entitled to half of everything earned during the marriage (note, this does not include inheritances becasue that is not earned). You are also entitled to half of all assets that cannot be easily traced back to before the marriage.

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  • by john pennington on February 1st, 2008

    john pennington

    Better to have your divorce in the country you were married. i do not believe you qualify for 50/50, since you are not an American citizen.

    You need to contact a divorce attorney for more info.

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