Reply to What is fair in this divorce?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]You should get what you contributed, that’s fair.[/quote]

It doesn't work that way because marriage is a contract and marital property is owned jointly, no matter who worked for pay to accumulate it.

OP, you need a lawyer and you should walk away with half.[/quote]

Completely wrong legally. What was acquired individually PRIOR to the marriage stays with that individual. 
What was jointly acquired after the marriage is up for 50% consideration.
Many greedy marriage partners think that they are unreasonably entitled to half and then they find out they are sadly mistaken..[/quote]

Yes, that is what I said. What is acquired during the marriage is "marital property." I did not make any reference to what was acquired individually prior to the marriage.[/quote]

In an equitable distribution state, things are not divided 50/50, they are divided fairly. So if one person has more assets outside the marriage that they will retain, the other person might get more than 50% of the marital assets unless there is some cause like a adultery or abuse that should grant them less.[/quote]

MD/DC/VA are no fault states so even adultery doesn't matter. [/quote]

Not a lawyer but I think VA is a fault state if there is fault at play.[/quote]

It is. But “fault” is a high bar, which makes it expensive. OP and her DH would likely deplete their cash savings proving/defending fault.

OP, you are entitled to 50 percent of what was earned during the marriage. So half of your combined savings/equity/portfolio growth in the past four years. Your respective salaries don’t play into it.

He is entitled to what he brought in, and you are entitled to what you brought in.

So do this math: value of assets today (including both retirements, cash savings, equity, the value of the business you started during the marriage) minus the total value of all assets on your wedding day. Then divide by two. That is your share.

If I were you, I would knock $25k off your share to account for legal fees if you had to go to mediation. That’s your offer. You might want to preemptively horse trade on assets to keep things simple (for example, he keeps his 401k, and you take more cash).[/quote]

OMG. Will everyone who is saying this please STFU.

OP if you want to get a baseline understanding of what your legal entitlement is, you need to speak with a lawyer. It doesn’t have to be that expensive - just say you want a rough understanding before mediation of how the courts divide assets in a case like yours. [/quote]

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