Tough question! Really – there are no easy answers in divorce as each situation is different!
What is the earning capacity of each party? Is there separate property? There are a multitude of factors in determining the property division in a judgment of divorce.
And, what exactly are you getting at – What are you entitled to in spousal support? What are you entitled to from the community property? What are you entitled to with community debt? What are you entitled to for custody of minor children? What are you entitled to in child support?
A strategy session with a helpful, friendly Jefferson Parish family law attorney may be needed.
So, yeah – what you are entitled to due to divorce is a loaded question. Plus, just because you are entitled to it – do you want it, can you handle it, are you willing to fight (i.e., pay) for it?
What assets am I entitled to in a divorce in Louisiana?
Generally speaking – you are entitled to half of everything obtained or acquired during the existence of your marriage (except of course if a prenuptial exists stating otherwise). This means half of the marital property (house, car, truck, boat, savings account, checking account, etc.) and half of the debt (mortgage, loans, credit cards, etc.).
And, also “half” of the kid(s) – or (in most cases) shared custody with a child support obligation.
Again – this is generally speaking, and many situations do not follow the general rule.
A Metairie divorce attorney can help you figure out what your situation requires if you file for divorce in Louisiana.
Here’s something else to keep in mind – just because you are entitled to it does not mean you will get it right away! It may take weeks, months, or even years in some cases, to get what you are rightfully entitled to receive in the event of a divorce.