1.   My spouse makes considerably more than me. Will he (she) be entitled to most of our property if we get divorced?

No. The law treats all property acquired by either party during the marriage (except by gift or inheritance) as marital property, and both parties are entitled to share in it. This includes retirement accounts and pension benefits.

2.   My spouse was out of the work force while our children were growing up, and now even though they're grown, she (he) doesn't want to work. Will I have to pay alimony after a divorce?

Everyone is required to make a good faith effort to provide for his/her own support if they have the physical ability and skills to do so. If it can be proven that your spouse has the ability to earn more than he/she is presently earning, the court will take that into account in determining whether and how much alimony should be paid, and for how long.

3.   My spouse and I made an agreement when we separated that requires him/her to pay me child support, but the payments are usually late and they're now two months behind. What can I do?

When a court orders a parent to pay child support, an earnings withholding order is put in place. This requires the paying spouse's employer to deduct the support payment from the employee's paycheck and send the payment directly to either the court or the custodial parent. Either way, it eliminates this problem.

4.   I've been awarded a share of my spouse's retirement benefits, and he/she's retiring next year. How can I be sure I'll get what I'm entitled to?

You need to make sure that the retirement plan administrator has on file a properly drafted court order instructing the plan to divide up the benefits in a certain way and send your portion directly to you each month. This usually is done just after a divorce becomes final.