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Is my wife entitled to half of my 401k in divorce? law answers (493268)

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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What am I entitled to?

A:  It depends on the jurisdiction and the type of lawsuit. For example, some jurisdictions hold that a personal injury settlement is not marital property....

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Husband died. He has 2 grown sons & one wife (step-mother)

A:  The contract that was signed seems to have already named a successor. It goes to that person or entity. Quote: Quote: To clarify: husband & wife married over 20 years. Married in California. Married at time of husband''s death. No "home" is in question....only photos. Photo''s continuing income comes from photos taken before marriage but small income comes in from time to time when photos are sold by an agency. The Contract made with the agency one year ago shows only one of two son as "Photographer''s Survivor" Is the wife entitled to half of this continuing income or part of it?...

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Pressure to settle from lawyer? Scott help

A:  Settlement is your call. If you believe the medical is too important to forego, just tell your lawyer you have no interest in settling. The carrier has a right to reduced earnings information. If one stub is an inaccurate reflection of your wages, send more stubs. Most stubs show a year-to-date wage figure, and the carrier can calculate the average earnings for the year, or since the date of hire. If you have a job which is seasonal, e.g. school year, you are obligated to seek employment for the periods when you are not working, such as the summer for a school employee. You can replace your attorney, or terminate his services. He may file a fee application to be considered at the next hearing, or when you settle. You would get a copy of that application, and be...

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Not divorced or separated husband wants to file separate tax

A:  It doesn't matter who files for divorce; she will be entitled to an equitable part of his pension, 401 (k), the "secret bank account" ( if it can be proven there is one and how much); the amount would be determined from the date of their marriage to their date of separation ( which could be 2-3years ago since they it could be argued they are just living together- not in a marriage and in fact, separated). She probably would be entitled to spousal support ( support before the divorce) and possibly some alimony ( support after the divorce). Generally, he would have to keep her on his medical pending the divorce. As far as filing...

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Military divorce in WA State

A:  This is a "divorce", not a "military divorce" -- the military doesn't get involved in your divorce. "I told her she needs to tell his wife." Huh? "We all know how the courts here in WA state love the military" Again, huh? "The miltary says she does not get any military benefits from me because we have been married for less than 10 yrs." This assumes you two get divorced before the 10 year mark, which isn't likely. What do you have in mind when you say "benefits"? She won't likely won't be entitled to any kind of ongoing insurance coverage after the

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divorce complications

A:  Hello Steve, I am happy to answer your questions: 1. Yes, during the time of separation, until the divorce is final, the spouse with the higher income (i.e. the husband in this case) has to financially support the spouse with the lower income (i.e. your friend in this case). 2. If he kicks her out, she could of course get a relatively quick (that could still mean a few weeks) court order either allowing her to remain in the house if there is enough space for both of them or in the apartment that she had been living in or for spousal support so that she can rent a place of her own. 3. German law also knows protective orders against violent or abusive or insulting spouses or ex-partners. 4. Alimony after the

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A ? about Chapter 7 in SC*

A:  You are allowed to exempt up to $96, in assets for a chapter 7 bankruptcy. If the home and any other assets are worth less than the exemption value, there is no reason for any changes. And if she plans to give up the home as part of the bankruptcy, the co-signer should go to the mortgage holder and remove themself from the mortgage contract. This will probably trigger an automatic foreclosure which would happen anyway. Unless the co-signer has been making half to the home payments, he has no claim to any equity in the home. And there are no provisions in the bankruptcy code concerning checking accounts other than the average monthly balance will be listed as an exemption in the bankruptcy. Racer, she told me that the lawyer told her that in...

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personal debt v marital debt – New York

A:  No and no. You are doing the right thing by filing your taxes separately. The only thing that could affect you is that her income gets garnished depending upon the debt. Just make sure to keep your finances separately and you shouldn''t have a problem. if my husband committed crimes while married, is he still entitled to half of the property?…If so why is that?...

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House His In divorce Settlment--Q

A:  One is not automatically entitled to half of anything in most states. You can always hire a lawyer and take anyone to court. A judge will hear your case and decide. Sent from my iPhone using Tapatalk I have to disagree with Army on this one. That issue has already been decided res judicata is the term. A judge is not going to relitigate the issue of the house and if you have not followed the previous order you might find yourself in contempt for it....

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Mixed nationality divorce (Ireland)

A:  Hello, we have three things to look at in regards to financial consequences: 1. alimony If you intend to move to Ireland, you could chose between going to an Irish court and going to a German court. A German court would apply Irish law once you live there. Only if Irish law does not give you any alimony claim, then the German court would apply German law. If you have a difference in incomes, German law would give you alimony for the time of separation (but not before you formally request any alimony) until the finalization of the divorce. In order to be awarded alimony after the divorce, you would need to prove that you have...