QUESTION
Is my spouse entitle to any of the retirement plan?
Asked on Apr 16th, 2013 on Divorce - Texas
More details to this question:
I owned retirement plan through my job before I got married. The company contribute to the plan while I was employed with them but stop when I was out source and did not contribute anymore to Plan. The plan has gain value with dividends and the increase stock price. I did not work for that company while during the marriage and still have the plan with the company. Is my spouse entitle to any of the plan? I have not contribute to the plan and neither the company other than what dividends and stock valve has increased the value of the plan.
7 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, or call for an appointment. She has a probable right to increased value during the period of the marriage.
Answered on Apr 18th, 2013 at 2:40 PM
Family Law Attorney serving Los Angeles, CA
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Law Offices of Rosaline L. Zukerman, APC
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Very unlikely!
Answered on Apr 18th, 2013 at 2:40 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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In Ohio, we are an equitable distribution state; Your spouse is entitled to one-half of your retirement earned during the course of the marriage; In order to determine what that amount would be, you would have the get what is called a Qualified Domestic Order (QDR) done; Sometimes the retirement plan will provide the necessary documents and compute the value for a fixed fee, otherwise you either have to have a lawyer do it or find a company that specializes in them
Answered on Apr 18th, 2013 at 2:39 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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There is a possibility that she may be entitled to one-half of the increase in value, starting with the value of the plan on the date you were married to her until the date of the divorce. But, since no community property was used or community time was used to increase the value, it is more likely that it will be treated as your sole and separate property.
Answered on Apr 18th, 2013 at 2:39 PM
Your spouse is entitled to one-half of whatever was contributed to the plan because of your employment during your marriage. The part you had before the marriage is your separate property.
Answered on Apr 18th, 2013 at 2:39 PM
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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If the circumstance is exactly as you describe it, then no she is not entitled to a portion of the plan because it was acquired before the marriage and therefore the plan and any increase in value of the plan would be your separate property. I would still bring a copy of the plan to an experience divorce attorney to have it reviewed.
Answered on Apr 18th, 2013 at 2:39 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The portion of the plan that existed prior to marriage is separate property and belongs entirely to you. The portion earned during the marriage is community property and can be divided in a divorce. I suggest you hire a lawyer.
Answered on Apr 18th, 2013 at 2:38 PM