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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 12400
Experience:  Experienced in multiple areas of the law.
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Hello, My name is MOnica! My husband has an retirement plan

Resolved Question:

Hello,
My name is MOnica! My husband has an retirement plan on his name made by the hospital where he's working. I want to know what's happens if we get divorce? Do I have the right by low to take a half of his retirement economies? He's saving a lot in the retirement plan and I don't have any retirement plan...I just want to know if something bad happened with do I have any rights to obtain any money from his retirement plan?
What if he buy a house on his name during our marriage ? Can he sell the house without me ? Do I have the right for that house?
Thank you!
Submitted: 5 years ago.
Category: Family Law
Expert:  RobertJDFL replied 5 years ago.

Thank you for your question. After reading my answer, please do not hesitate to reply if you have additional questions or need more information.

Michigan is an equitable distribution state, meaning in a divorce, any assets acquired during the marriage are subject to an equitable, or fair (but not necessarily equal) distribution between the parties. With respect to the retirement fund, any monies contributed during the marriage are subject to division. In other words, if he had $10,000 in the account before you were married, that is his money, but if he put another $20,000 into it during the marriage, that can be split during a divorce.

 

If the home was purchased during the marriage, even though it may be in only his name, it is still considered a marital asset, so if you divorce, or he sells the home, you are still entitled to a portion of the equity in the home.


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Customer: replied 5 years ago.
So, RETIREMENT PLAN is considered "asset acquired during marriage"?
This is the low for Michigan state , or for all the states in USA?
It is possible to move in another state...that 's why I want to know!
Than you!
Expert:  RobertJDFL replied 5 years ago.

Any monies that he contributes to the retirement plan during your marriage is considered a marital asset and subject to distribution. It doesn't matter where you move, all states are going to view it the same way.

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