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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21668
Experience:  General practice of law with emphasis in family law.
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My husband had a retirement account before we married that

Customer Question

My husband had a retirement account before we married that he rolled over to another being married with me. We had been married 5 years. If we divorce, am i intitled to 50% of that account?
Submitted: 3 years ago.
Category: Family Law
Expert:  Samuel II replied 3 years ago.

Samuel-II :

Hi

Samuel-II :

How long have you been married?

Customer:

5 1/2

Customer:

we got married in dec 2007 he rolled over the account las year

Samuel-II :

It may be possible to argue that you are entitled to the percentage of any increased value of the account since the marriage. But the account is still his separate property unless it has been placed into an account shared by you

Samuel-II :

But you are entitled to some of the increase since your marriage. So if it was worth 1000 at marriage and now worth 1500, you would be entitled to 250

Customer:

I am now unable to work, emtionally affected by work and told my doctor not to work and he recieves social security, can i claim there?

Samuel-II :

Yes

Samuel-II :

You may be able to get some temporary alimony

Samuel-II :

or spousal maintenance

Customer:

He got married and never told me about his still trying to over come drinking, addiction to pills , enablility to work, bipolar, etc. I feel damamge emtoionally my the ups and downs he as oput me threw , what now?

Samuel-II :

I am sorry you are experiencing this matter.

Samuel-II :

What now? I am unsure what you are asking

Customer:

He went during the summer 2008 to stay at a hotel and spent 11, 000.00 in drugs. I recieved him back . He has not done that agian, but has constant back surgeries and i am and have been at his service. My life gone down emtionally.

Customer:

Can he be may responsable for the damages?

Samuel-II :

You may file on grounds that he is an addict and has caused you emotional distress

Samuel-II :

You can then make requests for alimony or property distribution to help your damages with your emotional wellbeing

Customer:

what compensation if any that maight bring? Beside the embarrassment of tlaking about it in public?

Customer:

property distribution? may that in the benefit of the retirement money?

Samuel-II :

Only what you are entitled to under the Texas Community property laws

Samuel-II :

As I explained earlier in regard to the retirement funds

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Customer:

I left my permanent job at puerto rico, used my limited $ when he brought to leave ina apaartment that he off the bat couldnt pay, I save his credit by continung to my his car, car that was his before us.

Customer:

dont got a place to go, nor ability to work, no family here, affected emotionally? How does the court deal with that?

Customer:

What can I expect?

Customer:

If I divorce?

Samuel-II :

There would be no special attention because of your circumstances

Samuel-II :

You came and married on your own free will

Customer:

really? just an alimony based on his Social security or retirement roll over account?

Samuel-II :

You can only expect what the law allows

Samuel-II :

Correct and 1/2 of anything that you have acquired while married

Samuel-II :

So if he bought a car, you are entitled to 1/2 that value

Samuel-II :

The family home, if there is one, etc

Customer:

what about the car? I help pay in his tiem of crisis?

Samuel-II :

you are entitled to 1/2 of everything that was acquired after your were married

Samuel-II :

1/2

Samuel-II :

It is community property

Samuel-II :

I believe the best thing for you to consider is a consult with a local attorney who can ascertain all the marital property

Customer:

even if he rought it before? I helped pay it monthly after we married?

Samuel-II :

and then help you to understand what you would be entitled to

Customer:

heloed his credit but not mine

Samuel-II :

Yes. That is correct. IF you can show that you made payments on the vehicle

Samuel-II :

I cannot do you justice by trying to go over each and every property item

Customer:

he did a automatic bank payment from our joint account?

Samuel-II :

It is something a local attorney will be able to assist you with much better than I

Samuel-II :

Anything joint is community property

Customer:

I guess its more a matter of principles?

Customer:

moral?

Samuel-II :

You really need a local attorney to assist you with determing what is yours

Samuel-II :

No. It is a matter of law

Samuel-II :

But I cannot go over every property item with you

Samuel-II :

I can only discuss in general terms

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Customer:

I feel not supported by him when now it my crisis. I was ther for him during all his surgeries , didnt work just to be his cartaker. If I divorce him, I am out in the street?

Samuel-II :

No

Samuel-II :

You are not out on the street

Samuel-II :

You have rights as I have tried to explain

Samuel-II :

But it seems you really need a local attorney to go over everything with you face to face

Customer:

Yes. Too many details. Thanks for trying.

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21668
Experience: General practice of law with emphasis in family law.
Samuel II and 3 other Family Law Specialists are ready to help you

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