Property Distribution


#1

Currently going thru a divorce. Married 1993 separation in 04-2009. No kids. Originally ex-spouse agreed to a separation and property agreement. My attorney took 6 weeks to prepare agreements and now ex spouse has change mind. Now she has an attorney. Martial assets vs. debt is negative due to value of home is less than mortgage payoff. Now she wants to go after my future retirement funds. I have worked 26 years with same company. She has committed adultery twice during the marriage and is currently living with the second person.

What are my chances of preventing her from getting any of my retirement funds that will not be available for another 12 years?


#2

Retirement funds are subject to division as part of Equitable Distribution, so if it goes to court, you may be forced to divide them.


#3

She is entitled to one half of the retirement savings you accrued during the marriage and up to the date of separation. Unless you can find some other martial asset to off set her share the account will have to be divided.