Reply to How would you divide the money in this divorce scenario?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Half his retirement fund, half the joint account, plus alimony since you're not working and child support for your child. Did he not think he was going to split retirement with you when you got married? Without a pre-nup, you should assume he intended for you to have half of any money he came in with. [/quote]

OP here - a few more details:
1. We did have a prenup that stated we would each take out what we brought in, and divide whatever we earned during the marriage. It expired after 5 years.
2. I am initiating the divorce, due to his behavior, but he has never been unfaithful or dishonest, not that it necessarily matters.
3. I really do not want to leave him in the lurch, but maybe that's my guilt talking. [/quote]

If your prenup has a 5-year expiration, then it's long expired as a matter of law.  Don't give it another thought.  Also, don't be emotional.  Guilt has no place here.  You need an attorney at a minimum to help you come up with a settlement offer.  Involving an attorney doesn't need to be contentious.  If anything, it will take the emotion out of the divorce.   The reality is - you have a young kid - and your STBXH isn't going to able to help support your kid for much longer due to age, so you need to get the best settlement you can so that you can support your kid.  [/quote]

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