Re: No-fault BS DarrenB: [quote author=ebl link=topic=38078.msg411982#msg411982 date=1164843977">
it doesn't matter if you had the 401K before or after your marriage. Your spouse is entitled to half. I know - I sued my husband for half of his. (Even though I'm still in love with him :P )
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I'd look into this one if I were you. California may be different, but from what I gather in most states (and at least in Illinois) any 401K money that was in your account prior to you getting married is not marital property and she is not entitled to half of it. My ex pulled that stunt on me, and when I dug up my quarterly statement detailing the amount of money I had saved away pre-wedding day....she was only able to get half of the significantly smaller amount that had accumulated in the time we were married.
I know you dont want to and you want to keep costs down, but really it would be a good idea to consult with a lawyer when you are dealing with finances and assets. He can tell you all your options depending on your situation. All kinds of things are going to come up in this divorce that you might not see coming right now. Credit card debt, car payments and car refinancing, end of next year's income tax filing, split total value of furniture and home assets, etc....
Look at it this way. The lawyer may end up costing you $2000 dollars, but if you get to keep more of your 401K than you expected, can get half of her 401K and(through the lawyer) can get other things worked out in your favor the 2K spent may be well worth it.
Re: No-fault BS Inkedmp: [quote author=bamacannon link=topic=38078.msg412028#msg412028 date=1164847772">
Wait a min, she gets half YOUR retirement and she has her own? Can you get half hers, or is it a sexsist law? I'm not even eligible for my stbxw cause the military has a law that trumps state law and we have to be married 10 years for me to get anything from her other than child support. Sorry to hear that, I loathe that part of the divorce the most.
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thats not true bama, if you have been married for ten years your intitled to up to half of her retirement , iof she retires from active duty. i have been married for 6 and there going to award her 20% of mine...to bad for her im not retireing out of the military
Re: No-fault BS katelyn: This is precisely why I would have no qualms about signing a pre-nup. Most women turn their noses up at the thought. Well who WOULD want to get married and put all their assets THEY worked for at risk! Divorce laws are outdated and not fair, and until they wisen up I don't fault anyone for wanting to protect themselves.... If I had valueable assets I'D want a pre-nup as well.
Re: No-fault BS YellowJacket: [quote author=trapped link=topic=38078.msg411984#msg411984 date=1164844255">
well, if there was a pre-nup, dift story.
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One of the top three smartest decisions that I ever made. That and separate accounts are a life saver if divorce ever happens.
I'm sorry for what you're going through, gd.
