Written By: Brandy Miller | October 1, 2016 | No Comments
Divorce settlement negotiations are intended to ensure common assets and finances are divided equitably and to ensure both parties in the relationship are provided for. Unfortunately, at Miller Law Group, we’ve noticed many individuals aren’t sure what they can ask for in divorce settlements.
The reality is you can ask for several things in a divorce negotiation, including:
- Real estate, assets and property.
Any property you own as a couple or have acquired during your marriage may be divided. This can include retirement accounts, real estate, leisure property, recreational vehicles, vehicles, bank accounts, cash and more. Any assets brought into the marriage may be partly yours. Even if you remained in the home while your spouse worked, you may still be entitled to part of the property. Keep in mind that in Pennsylvania, as in many other states, both parties are considered to be contributing to marriage in their own ways. Therefore, both are entitled to some of the assets in the event of a divorce.
- Alimony and spousal support.
If you require financial support during the separation or after the divorce, you may qualify for spousal support or alimony. Spousal support is usually ordered during a separation and up to the time a divorce is settled. Alimony is paid after the divorce is settled, and it can help you get a fresh start on your life. Many factors are used when determining spousal support and alimony. Judges may consider your contributions to the marriage, your finances and more.
Just as assets are divided during a divorce, liabilities also need to be divided. If you have acquired debts as a couple, creditors can technically seek out both of you if one of you doesn’t pay what is owed. It is important to determine who will pay what debts. In some cases, you can ask your spouse to be the one responsible for specific debts.
If you have children — either biologically or through adoption — you may have the right to physical or legal custody. Physical custody means the child lives with you either full-time (if you have full custody) or some of the time (if you have shared custody). Legal custody awards one or both parents the right to make decisions on behalf of their child.
- Temporary Orders
Temporary orders are court orders made for the duration of the divorce proceedings. For example, you can ask for legal and physical custody of your children until the divorce is final if there are issues which could prevent your spouse from being eligible for custody. You can also ask for temporary support or other temporary orders so you can continue to live your life until the divorce is final.
- Protective Orders
If your partner may stalk you, harass you or is a threat to you physically, you can file restraining or protective orders to keep your former spouse away from you and your children.
- Child Support
If you have children, you can ask for child support to help offset the expenses of raising a child. You can usually ask for child support as long as you have partial or full physical custody of the child. The amount you will be paid will depend on the income and financial situation of both you and your spouse as well as the child’s needs.
You may have a right to more in your divorce negotiations than you realize. For a full evaluation of the things you can ask for and to get a powerful advocate on your side representing you as you work your way through divorce negotiations, contact Miller Law Group.
Our offices in Reading, Pennsylvania, are always open to you. We’re proud to have served clients from Berks County with caring, compassion and professionalism. Our goal as attorneys is to support families while also providing the friendliness and respect they deserve during a divorce. Contact us today for a consultation to find out how we can help.