Married for 10 years (but separated for 2 of those). I never had retirement savings bc his was program was so much better and I would receive a spouse annuity. Super Cliffnotes: he cashed his retirement while we were together for mainly his personal use. Last year he filed for railroad disability (found out when the kids and I lost our health insurance) and was awarded several months ago (family told me). I’m trying to figure out if I qualify for anything now or at retirement. We are 42 and 46.
You are entitled to 50% of the marital value of assets existing at the date of separation.
You would be entitled to half of the remaining retirement account balance (assuming a defined contribution plan) which was acquired between the date of marriage and date of separation.
You will likely need to trace his retirement withdrawals to see how the funds were spent that he cashed out. You may have arguments available for you to receive more than 50% of the marital estate depending on what he was spending the cashed out retirement funds on.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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