QUESTION
Family law, married 33 yrs,no kids, she moved out 1 year ago, recently inherited $500k, she wants 50%of 401k 500k, + Plus sell the house $250k total
Asked on Aug 23rd, 2017 on Family Law - Florida
More details to this question:
She is working now with a 500k inheritance, a 300k free and clear childhood home, multiple annuities paying 2k a month, not including her commission income, She wants to sell the house asap to get to her 50% of the equity ($150k), 50% of my pension ($1k/month) which she takes it all when I pass, I took the lower payout so she was protected. She wants 50% o our retirement investments $500k. I am not working; just recently was APPROVED for SS Disability, cannot work now or in the future.$2650/month.
1 ANSWER
So, the short response, with the short facts is that her non-marital inheritance- to the extent it was not comingled (and it sounds like it was not) she gets to keep. If there is any marital appreciation then she doesn't get to keep that all- it is split if marital labor went into the increase.
The other assets of the marriage, earned during the marriage are typically split...including your pension. As to the house, there may be ways to offset selling it where she gets more of another asset. However, from the looks of things, maybe she will owe you alimony. Before you make a bad move, you should at least have a consultation with an attorney. The attorney will be able to go over more of the facts and help guide you before you make a big mistake. In the interim there is no requirement that you sell the home so do not do it if you do not wish to.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
info@vovalaw.com
954-316-3496
Answered on Aug 24th, 2017 at 3:33 AM