palimony

[scared in ar]

What is the name of your state? Arkansas

I am thinking of leaving my husband. We have a house with about 40,000 equity and I told him I would give it all to him. I have about 45,000 in my 401K. Can he get half of that? He is on disability ss and gets about 1100/month. I make more than that, about 1800/month. Is there such a thing as palimony in AR, and if there is how much could he get?

 

[hexeliebe]

I think you better go back and reread your post. Palimony only exists in a relationship where no marriage exists. And it's a matter of fact for the court to decide.

If you have a husband, then you are married and there is no Palimony. Alimony is another matter entirely.

As for telling him he can have the house, I will say this as nicely as I can: "ARE YOU CRAZY?" :C

 

[stealth2]

The equity in the house and the 401k may well offset each other, tho.

 

[scared in ar]

I guess I meant alimony. No, I'm not crazy, just desperate. If that is what it takes to have some peace in my life it's a small price to pay. Could he get alimony, and if he can; how is it figured?

Thanks for you help!!

 

[hexeliebe]

All kinds of things could happen in Arkansas. And before you tell me all about the wonderful state, I'm an Arkie from 1954 out on Stagecoach Rd. in Little Rock and still bleed Razorback Red

If you want to stop going crazy then take the offensive. Make him a written offer of the house in lieu of any current or future claim of alimony and then get to a mediator and/or attorney to finalize the agreement.

You have all the cards here. Play them.

 

[stealth2]

I would talk to an attorney before making any written offers whatsoever. There may be issues you aren't aware of or thought about - don't make a move w/o more info.