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    stilleyman's Avatar
    stilleyman Posts: 2, Reputation: 1
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    #1

    Feb 12, 2006, 08:35 AM
    Division of marital Property
    I live in Florida. My wife just left me for a younger man. I am retired -age 65 and she is working age 44. This was second marriage (15 yrs) for both of us. We have no children by this marriage. Since I am now on a fixed income and would have difficulty finding employment at my age, and since she has potential earning power well above mine, would it be conceiveable that a court would grant me a higher percentage of the split on marital property than 50-50? We both have private property we owned prior to marriage and the only real joint property is our condo which is being sold. I depend on my soc.sec. withdrawals from an IRA I set up prior to marriage, and some small income from a trust fund my parents set up for grandkids, prior to marriage. Her income is still a little less annually than mine, but she is only working part time and could work full time and make more. Also, I am restricted in ability to obtain a mortgage due to age and income so I have to downsize and need as much from sale of condo as possible. She, on the other hand can get a mortgage with no problem. Look forward to your comments and suggestions. Thank you.
    fredg's Avatar
    fredg Posts: 4,926, Reputation: 674
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    #2

    Feb 12, 2006, 09:10 AM
    Hi,
    Thank you for posting a question here, and Welcome to this site.
    I am 64, retired, and know what you mean by limited income!
    I really believe a lawyer, one experienced in Divorce Settlements, would benefit you greatly. You could ask the cost up front, talk with one, and I'm sure he/she can advise you on what is the best to do.
    I now live in VA (used to live in FL), and the normal Divorce Settlement means 50-50. I do wish you the very best of luck.

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