QUESTION
What will I be entitled to if I divorce my husband?
Asked on Apr 06th, 2013 on Divorce - California
More details to this question:
My husband and I have been married for 10 months and I plan on filing for a divorce due to the lack of communication and trust issues we have. We have sought counseling and that didn’t help at all. What am I entitled to? He has his 401k and a pension. We also own a home together.
8 ANSWERS
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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Arizona is a community property state. Anything accrued during the marriage (such as personal property, real estate etc) is subject to equitable division. As for a 401k or pension, you could be entitled to the value of contributions made during the marriage or for 10 months. You would not be entitled to of the total value, unless all the contributions were made solely during the marriage.
Answered on Apr 09th, 2013 at 7:41 PM
John Arthur Smitten
You got half of whatever you acquired in 10 months nothing more.
Answered on Apr 09th, 2013 at 2:19 AM
You are only entitled to whatever the two of you acquired through your efforts and income generated during the marriage. Neither of you is entitled to the other's gifts or inheritances.
Answered on Apr 08th, 2013 at 2:12 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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One-half the house and a very small portion of the 401k, very small.
Answered on Apr 08th, 2013 at 2:12 PM
Marc John Weinpel
You will be entitled to 50% of all property accumulated after marriage.
Answered on Apr 08th, 2013 at 2:11 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You could get 5 months of alimony and a portion of his 401k and retirement and any equity in the home.
Answered on Apr 08th, 2013 at 2:11 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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You will be entitled to one half of the community interest in any assets. For example, your interest would be one half of any contributions made to the 401(K). He has the same interest in any retirement account you may possess.
Answered on Apr 08th, 2013 at 2:11 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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Your marriage of 10 months is of fairly short duration. Under California law each of you will be entitled to one-half community value of all the marital assets acquired during the marriage. If he had his pension and home prior to the marriage, the community value will only be that portion that accrued during the 10 months of the marriage.
Answered on Apr 08th, 2013 at 2:11 PM