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He established an internal revenue allotment in 1994. We got married in 2004. We filed for divorce in November 2012. He has still been contributing to the internal revenue allotment. He keeps saying it's all his. I know that's not true.
6 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona, which is a community property state, you would be entitled to receive one half of the community contributions, that would be one half of the contribution from your marriage in 2004, until the dissolution was filed in 2012. This also presupposes that there is not a premarital agreement which included the 401(K), and in which any new contributions to it were to be treated as separate property. You should consult with an experienced family law attorney in your area to discuss this matter and your rights.
Answered on Aug 06th, 2013 at 10:05 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, then you are entitled to one half of whatever was contributed during the marriage. You will need to find out what the balance was on the date of marriage and the balance on the date the divorce is filed. That is the marital portion that is subject to equitable distribution. However, before agreeing to anything or signing anything, you should consult with an attorney.
Answered on Aug 02nd, 2013 at 3:57 PM
You are entitled to one-half of the contributions to the IRA which occurred during the marriage. He is entitled to the amount that was in the account before marriage.
Answered on Aug 02nd, 2013 at 3:57 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Well, unless the divorce decree gave you some of it, it is all his.
Answered on Aug 02nd, 2013 at 2:04 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You are entitled to a portion of what was contributed between 2004 and 2012. You cannot make a claim to anything that was in existence before you got married.
Answered on Aug 02nd, 2013 at 12:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally 1/2 of the contributions and earnings during the marriage.
Answered on Aug 02nd, 2013 at 9:46 AM