Possible Divorce in NJ

[nalnk]

My husband is contemplating divorcing me. I caught him cheating (online). I do have evidence. We have been married 14 yrs. / together 18.
I have spoken to an attorney and she said i'm entitled to alimony, he makes more than I do. My question is.... My deceased father in law put me in his will to receive the entire estate should my husband pre-decease him. My husband received a very sizeable amount of money and a house. Since I was named in the will, is this something I can potentially ask for in a settlement.

 

[Ohiogal]

My husband is contemplating divorcing me. I caught him cheating (online). I do have evidence. We have been married 14 yrs. / together 18.
I have spoken to an attorney and she said i'm entitled to alimony, he makes more than I do. My question is.... My deceased father in law put me in his will to receive the entire estate should my husband pre-decease him. My husband received a very sizeable amount of money and a house. Since I was named in the will, is this something I can potentially ask for in a settlement.

Once the estate was distributed, it was distributed. No, you won't get your husband's inheritance if he has kept it separate -- that was to him and him alone. That is his separate property. You may get alimony. You may not. The reason being is that the entire property/debt division matters.

 

[not2cleverRed]

It depends... Not because you are mentioned in the will, but because depending on what your husband did with his inheritance.

For example, if marital $ were used to maintain and make capital improvements on the house, then it could be argued that the increased equity from could be a marital asset.

If he kept his inherited money in a separate account, it is a separate asset. If he threw some of it into a joint account, that muddies the waters - the portion mingled into a joint account can be considered a marital asset.

Note: legally, the adultery has little weight. Unless, of course, he was wasting marital assets on his new lust interests.

 

[quincy]

Because you have been married over 10 years, you in the future will be eligible to collect social security benefits based on your (ex)husband’s work history if what he will collect will be greater than what you can collect based on your own work history - if you don’t remarry.

 

[adjusterjack]

I have spoken to an attorney

But did you hire the attorney. There's a big difference.

 

[nalnk]

But did you hire the attorney. There's a big difference.

I haven't hired one but I have spoken with one and will likely retain her. She did say that i would be eligible for alimony.

 

[stealth2]

She did say that i would be eligible for alimony.

Which is not a guarantee that you'll be awarded alimony, or how much/for how long.

 

[nalnk]

Which is not a guarantee that you'll be awarded alimony, or how much/for how long.

I am married 14 yrs. Years ago, when we had issues, i spoke with an attorney. He advised me that i should not wait till 10 yrs of marriage because I would have been paying him alimony, I made more than he did at that time.

 

[Just Blue]

I am married 14 yrs. Years ago, when we had issues, i spoke with an attorney. He advised me that i should not wait till 10 yrs of marriage because I would have been paying him alimony, I made more than he did at that time.

How much does he make vs how much you make?

 

[stealth2]

I am married 14 yrs. Years ago, when we had issues, i spoke with an attorney. He advised me that i should not wait till 10 yrs of marriage because I would have been paying him alimony, I made more than he did at that time.

Yes, 10 years is when the possibility of alimony kicks in. But there are other pertinent factors involved in it being awarded, as well as the amount & duration. 14 years is more likely to be temporary, rather than lifetime (again, depending on the specifics involved).

 

[not2cleverRed]

I haven't hired one but I have spoken with one and will likely retain her. She did say that i would be eligible for alimony.

You should have an initial consult with more than one attorney before retaining one.

There are a variety of reasons for doing this, some obvious, some less obvious. One lawyer I had an initial consult with had enough info from me to exclude himself from representing my ex. I did not go with that lawyer, and after having several horror stories from others represented by him, I am glad that my actions precluded my ex from being represented by him - promises the moon, pursues the moon, doesn't get the moon, but lots of billable hours generated for both parties.

 

[stealth2]

You should have an initial consult with more than one attorney before retaining one.

And be sure it is one who is well experienced in family law. When you are ready to retain someone, be sure to read the retainer agreement very carefully.

 

[zddoodah]

My question is.... My deceased father in law put me in his will to receive the entire estate should my husband pre-decease him. My husband received a very sizeable amount of money and a house. Since I was named in the will, is this something I can potentially ask for in a settlement.

You "can potentially ask for" anything you like. However, since your husband did not predecease his father, then the provision you cited is meaningless.