QUESTION

Do I have any rights to monies my husband withdraws from his savings plan, etc. and from his bonuses received from his job?

Asked on Mar 20th, 2014 on Divorce - Florida
More details to this question:
My husband, of 17 years, walked out on me and our children two months ago. Since then, he has rented a home, received a raise, and bonus. I only received $2,000 from the proceeds. Also, he just received a check from monies he borrowed from his savings plan. I am a stay at home parent (we both decided) and I would like to know what rights I have to the monies he earned/borrowed. Thank You.
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5 ANSWERS

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You have a right to get support for the children, and might have a right to get money for your own support. The very best thing to do is go retain an attorney.
Answered on Apr 02nd, 2014 at 8:15 PM

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You should consult with and engage an attorney as soon as possible, to freeze assets that he is, or may be liquidating or impairing. Generally, any assets or liabilities obtained during the marriage are presumed to be marital assets or marital liabilities that are subject to equitable distribution by the court. This would include his savings plan, and likely his bonus. The best way to learn about your rights is to sit down with a family law attorney and discuss all of the facts of the case and your particular situation. It would be worth the price of the consultation fee.
Answered on Mar 21st, 2014 at 2:36 PM

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Alimony Attorney serving Key West, FL at Sheri Smallwood Chartered
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In Florida, assuming you do not have a pre-nuptial agreement or other contractual arrangement between the two of you, moneys earned during the marriage which are placed into a savings plan are still marital money and are subject to equitable distribution on dissolution of your marriage. This would include moneys removed unless they were used for the support of the family. If the moneys were used for H's individual benefit, he can be assigned the debt and the account can be divided as if the moneys were still in it. Sheri Smallwood, Chartered Sheri Smallwood, Esquire Board Certified Specialist in
Answered on Mar 21st, 2014 at 11:16 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Your rights are determined by a Judge in court. If no divorce has been filed you have no enforceable rights.
Answered on Mar 21st, 2014 at 10:32 AM

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John Arthur Smitten
Yes you get half of those monies, get a lawyer and file for divorce asap.
Answered on Mar 21st, 2014 at 10:20 AM

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