QUESTION
Am I entitled to some of my husband's retirement funds if we divorce?
Asked on Oct 21st, 2011 on Child Custody - Massachusetts
More details to this question:
Am I entitled to some or all of my husband's retirement funds if we separate/divorce because he was unfaithful?
14 ANSWERS
Steven D. Dunnings
Yes.
Answered on Jun 03rd, 2013 at 12:34 AM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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You may be entitled to some of his retirement funds in a divorce if he committed adultery; but it is likely he will fight you in divorce court for it. Be sure to hire an experienced divorce attorney to represent your interest
Answered on Nov 04th, 2011 at 1:59 PM
The reason for the separation/divorce is irrelevant. You are definitely entitled to a portion of the funds that reflects what was added to that fund during the term of the marriage. Example: Say he has been contributing to the fund for 12 years, and you are married for 10. You would be entitled to 50% of the funds, including gains and losses, deposited in the last 10 years, but not the first two years (when you were not married). So in my example, you get 50% of 10/12th of the fund. There is clear law that retirement funds are community property.
Answered on Nov 01st, 2011 at 10:40 AM
Family Law Attorney serving Woodland Hills, CA
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Law Office of Daniel B. Rubanowitz, APC
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The general rule is that assets acquired during marriage, including retirement funds, are presumed to be community property. In California, the fact that your husband may have been unfaithful does not matter. If the retirement funds were acquired during marriage, they are a community asset and should be divided equally along with the other assets and debts. You should consult with a Family Law Attorney for more advice. Good luck.
Answered on Oct 24th, 2011 at 2:13 PM
If you divorce in Arizona, you would each generally be entitled to half of the assets accumulated during the marriage, including his retirement. His infidelity is irrelevant to the division of assets.
Answered on Oct 24th, 2011 at 12:48 PM
James Albert Bordonaro
You generally have to be married for at least 10 years in order to be entitled to a portion of his retirement.
Answered on Oct 22nd, 2011 at 2:49 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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Being unfaithful while a grounds for divorce should have no baring on how property is divided in a divorce. Retirement accounts are considered marital assets and as such are subject to equitable distribution. You could ask for one-half or part of your husband's retirement as part of the settlement.
Answered on Oct 21st, 2011 at 11:06 PM
Glen Edward Ashman
This is possible but discuss this with your lawyer.
Answered on Oct 21st, 2011 at 11:01 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If the retirement funds were earned during the marriage, they are a marital asset subject to distribution in the event of a divorce, which typically means 50/50. Any portion that he accrued prior to the marriage would be non-marital.
Answered on Oct 21st, 2011 at 10:11 PM
That depends on what other debts and property the two of you have. The statute says that the court is to make a fair and equitable division of the debts and property without regard to marital misconduct. Therefore, his being unfaithful will not affect the property division. So, what the court is supposed to do is look at how to divide all of the debts and property in a fair way. As a practical matter, this could mean that you get some of the retirement. It could also mean that you don't get any of the retirement.
Answered on Oct 21st, 2011 at 8:47 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You are entitled to a fair share of the portion of the retirement funds that are considered marital property. Marital property generally means that the funds were accrued during the marriage. There are no simple rules defining what is "fair", but when the parties cannot agree, a judge will usually start with the idea of achieving a 50/50 split, or close to that. The "fairness" question relates to the overall financial settlement, not each item separately.
Answered on Oct 21st, 2011 at 8:40 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You are entitled to 50% of all the retirement funds acquired during the marriage, whether or not your husband was unfaithful.
Answered on Oct 21st, 2011 at 8:33 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, being unfaithful is usually irrelevant unless it is considered waste.
Answered on Oct 21st, 2011 at 8:32 PM
Criminal Defense Attorney serving Quincy, MA
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Law Firm of Neil M. Kerstein
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Massachusetts is a no-fault state. Either party can get a divorce just for asking for one. Depending on how long you were married and the amount of your assets, you may be eligible for a portion of your husband's retirement fund. I recommend that you consult with an attorney at your earliest convenience.
Answered on Oct 21st, 2011 at 8:32 PM