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Is my wife entitled to half of my 401k in divorce? law answers (89334)

People haved asked the following law querstions similar to "is my wife entitled to half of my 401k in divorce?". If you have other legal doubts, use the box above to get answers.

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New Jersey divorce?

A:  "Is my spouse entitled to half of my 401k plan?" Generally speaking, spouses are entitled to half of that portion of each other's retirement plans that was accumulated during the marriage. "How do the property and debts get divided?" Generally, 50/50, subject to modification for equitable reasons. "Does New Jersey have no-fault divorce?" Yes, but it requires either (a) that you both agree, or (b) a separation of at least 18 months. Click the "select your state" link at the top of this board, and then click the New Jersey link for more information. Currently going through a

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Military divorce retirement payment

A:  Texas is a community property state. She might be entitled to half even if it's not mentioned in the decree. Consult your divorce attorney.  ...

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Iowa - Retired Couple

A:  Property division issues generally are not different for a retired couple getting a divorce than they are for anyone else. A few questions come to mind. 1. How long have they been married? 2. What benefits are we talking about? A pension, a 401k, Social Security or is it something else? If the benefits were earned during the marriage, probably yes, but there's not nearly enough information in your post to know for sure. Consult local counsel. You haven't mentioned how long you've been married. If you were with him the entire time he was earning/vesting his interest in that "retirement income", yes, you're entitled to half. To the extent your marriage...

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Complex divorce Question

A:  No one here can give you legal advice, which is what you are asking for. You REALLY need an attorney. It sounds like there is a significant amount of money at stake. If you do not do this properly it could come back to haunt you. Generally each party bears their own expenses. "We are both without attorneys." That's a bad idea. We can't know if the postnup she signed is enforceable or subject to attack. If she didn't have counsel when she signed it or it didn't contain language that each party had the chance to seek counsel before signing, it's likely vulnerable to attack. "We both signed the document but it was not notarized." Doesn't need to be notarized. "What are the pros and cons here?" As to ...? Please be specific....

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fiancee asked me to leave; I did. What am i entitled to?

A:  quote:Originally posted by oldhouseman:My ex-fiancee and I bought a Victorian house together as Tenants in Common five years ago that we have restored and turned into a Bed & Breakfast. After a year of arguing she asked me to move out and I did. We split six months ago. Now she wants to buy me out. I have been paying my half of mortgage. I feel I am entitled to half the equity in the house (of which there is a substantial gain from the restoration, most of the work done by me). She contends that her lawyers says I am entitled to nothing since I was the one who left. What are my rights? Do I have to continue to pay half the utilities as...

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Do I have entitlment to my seperated spouses tax return??

A:  A non-lawyers opinion: If she has physical custody of the child the majority of the time then she gets to claim him on taxes until there is a divorce decree that says otherwise.  The only time the non-custodial parent can claim the child is by court ordered agreement that this is how it will be done.  Under the IRS code the one with custody the greater portion of the time.  If there is a court order stating otherwise and only one parent claims then they don't get involved. "Do I have  legal entitlement to half of that refund, and is she required to pay half of my owed taxes to the IRS(which is the result of being force to claim Married and seperate with no...

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Can he get half?

A:  It depends. If the quit claim specifically waived any community property rights, he may not be entitled to any share if it's sold. Who makes the payments doesn't control. Property acquired during the marriage is presumed community property until proven otherwise. As to whether or not he would be entitled to a community share of the lawsuit proceeds depends. If you are planning on filing for divorce, I would strongly suggest you consult counsel. "My question is he entitled to any of this if I do? And is he entitled to half of my condo if I sell it?" You haven't given sufficient information...

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Is he entitled to my equity if it was separate property?

A:  You ask your attorney and certainly do not take his word for it. He did quit claim all interest to you did he not--I know thats not the correct answer but he may not know that. "I had the current husband Quit Claim any interest and deed it over as my sole and separate property." Unless you made appropriate modifications to the quitclaim deed form to state EXPRESSLY that he was giving up his community property interest, the deed will be ineffective for this purpose. "Is he entitled to my equity?" Almost certainly yes (although probably not half of the equity). Your use of your salary to pay the mortgage (which is community property) gave him a community property interest. "What is he

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divorce, ,debt, half of house equity

A:  If some of the credit card debt was incurred before you two got married, you might be able to whittle that 32k figure down. The difficulty, of course, is proving it as well as proving that he used his credit cards to purchase items that did not benefit the "marital community". Unless the quit claim deed specifically relinquished his community property interest, I think that you are going to be stuck sharing any "equity appreciation" that has occurred in the past 8.5 years. Your earnings from your respective jobs were used to pay on the house. Those earnings are considered community property. The fact that you referred to his $1,000 a month as rent isn't going to cut it in court. I suggest that you schedule a consultation with a local family

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Is she entitled to anything?

A:  Is she entitled to anything...from who?? I don't understand your question. Actually, if she has been the primary breadwinner throughout the marriage and he is disabled, he could actually ask for alimony from her. She can ask for anything she wants, however, it does not mean she will get it. If she is working, or able to work, it is doubtful that she would be awarded alimony. Any marital assets would have to be divided, but depending on what state she lives in, he could be entitled to half of everything even though he did not pay for it....