Question:

My sisters husband is leaving her, What are her rights? She has a 14 year old boy and a house. ?

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She really needs help

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  1. It really depends on the state she lives in, or country for that matter.

    She needs a lawyer or at least talk to one.


  2. I assume they're getting a divorce.  In most states she would be entitled to half of their jointly owned property.  Unfortunately, this often means selling the house and dividing up the profit. Some couples are able to work around that so the kids don't have to leave their home, but it takes some cooperation.  If she has anything of her own, such as family heirlooms, they aren't counted as jointly owned.  They're hers.

    Their son (I assume he's both of theirs) is entitled to child support from his father.  He should continue to be covered under his father's insurance policy.  Depending on the difference in their incomes, and whether she has been a stay-home mom for a long time, she MAY be awarded some temporary support, but I don't think it happens often.  I do not think your sister would get any of her husband's 401K or retirement benefits unless they agree to it as part of the settlement.  Unfortunately, men usually come out ahead in these situations.  Women and kids lose. But it may not have to be that way.  She should find a good lawyer who is experienced at advocating for the woman.

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