Expert: Lee Block - 2/4/2008

Question
QUESTION: I am going through a divorce.  I had an affair and openly admit it and apologize for it.  Will my soon to be ex-wife get everything?  She is asking for the world and I can't afford it.

ANSWER: Will:  It depends on if Alabama is a no contest state for divorce.  If it is, then she will only get half.  It also depends on your guilt level.  But, here is a link that will help you figure it out...

http://www.myparentingportal.com/divorcebystate.html

Also, she can't get blood from a turnip!  

Lee

---------- FOLLOW-UP ----------

QUESTION: Thank you for your help.  I live in the state of Alabama, I looked under the website you suggested but can not make sense of it.  In Alabama, will she get everything.  Can she take my 401k and the house?

Answer
Will:  As far as the retirement account.  The judge takes this into consideration if you have been married for 10 years or more, and she is not entitled to more than 50% of it.  Of course, at the judges discretion, he can award her some it, but not all of it.  The house will be divided equitably.  She may get 60% of the house, but she will not get all of it, unless you take a fair amount in cash or property that is equal to the your portion of the house.  If you owned the house prior to marriage, and can prove it to be separate property, then she will not get any of it, unless you have put money into it while you were married.  Alabama is a no fault divorce state, so if one spouse files for any reason, and adultery is one, then the divorce is granted.  Hope that helps.

Lee