QUESTION
If I file for legal separation is he entitled to my retirement money?
Asked on Feb 08th, 2013 on Divorce - Michigan
8 ANSWERS
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
No such thing as a legal separation in Delaware, but depending on length of marriage, yes he may be entitled to part of retirement.
Answered on Feb 11th, 2013 at 7:02 PM
John Arthur Smitten
Depends on how long you are married, no one file for separation in FL just file for divorce it is a lot easier.
Answered on Feb 11th, 2013 at 6:29 PM
Family Law Attorney serving Ridgeland, MS
at
Thompson Law Firm, PLLC
Update Your Profile
Not such thing as legal separation in MS. This is one of the negatives of LAWQA, it tells me you are in MS, but you aren't.
Answered on Feb 10th, 2013 at 11:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Perhaps and yes you split a home. See an attorney and learn what your are doing before you commit.
Answered on Feb 10th, 2013 at 9:48 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
If it was earned during the marriage its generally equally divided including house and retirement.
Answered on Feb 10th, 2013 at 9:44 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
In Colorado the handling of marital property is exactly the same in a Legal Separation as it is in divorce. Either by agreement or a judicial ruling, all marital property should be distributed fairly between the parties. What the parties can agree to will almost always be considered "fair". If you have to have a judge make the decision, there are no simple rules of what is or is not fair.
Answered on Feb 10th, 2013 at 7:17 PM
Family Law Attorney serving Fountain Valley, CA
at
Law Office of Edwin Fahlen
Update Your Profile
The only difference between a legal separation and a dissolution of marriage in the state of California, is the fact that you remain married at the end of the case. Property is divided, custody and visitation orders are made, support is awarded, and any other relief necessary and requested except the termination of the marital status is granted in a legal separation. In order to become divorced later a new case must be open and filed and all procedures followed to terminate the marital status.
Answered on Feb 10th, 2013 at 6:35 PM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
In a divorce or separation agreement all property will be divided. Consult with an attorney to discuss the best possible outcome of this division.
Answered on Feb 10th, 2013 at 6:35 PM