How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask John Domestic Your Own Question
John Domestic
John Domestic, Lawyer
Category: Family Law
Satisfied Customers: 4631
Experience:  Over 13 years of Experience in Family Law.
Type Your Family Law Question Here...
John Domestic is online now
A new question is answered every 9 seconds

Im about to get laid off and will have a settlement as well

Resolved Question:

I'm about to get laid off and will have a settlement as well as a very reasonable 401K amount. He earns a pittance. Can he lay claim to it when I file for divorce? I want to be the custodial parent too, do I have a chance?
Submitted: 4 years ago.
Category: Family Law
Expert:  John Domestic replied 4 years ago.
Thank you for trusting Just Answer. I will answer as clearly as possible. I do ask for you Accept my answer so I am paid when we are done.

The amount of the 401K earned during the marriage will likely be divided equally. You can make an argument for more than 1/2 of the 401K if you can show that you need to money to live off of due to the termination.

Custody is impossible to tell. The court will make the decision on custody based on the best interest of the child. Generally courts do prefer some type of joint custody as part of the best interest analysis. This could include you as primary custodian with your spouse getting liberal visitation.

I am cannot provide you with specific legal advise. I can provide you with general information about the law related to your inquiry. My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.

I hope you find my response helpful, please click on the ACCEPT button. This is necessary for me to be paid for my work assisting you. Clicking Accept will not close your question. You can still ask, and I will respond, to follow-up questions if needed. Leaving a bonus and positive feedback is not required but they are appreciated!

When you review my initial response, please remember that I cannot guess what information you may already know unless you tell me. I am answering the question(s) posed by you based upon my reading of your post and sometimes I can misunderstand or misinterpret your question. If I did not answer the question you thought you were asking, please rephrase your specific question.

Sometimes the law does not support what you would like it to support. It is my job to give you an understanding of the state of the law, not just tell you what you want to hear. I ask that you respect that fact that you received an accurate account of the law by clicking Accept and giving me positive feedback.

There can also be a delay of an hour or more between my responses to your follow up questions because I may be helping other customers or have stepped away.

Finally, I appreciate repeat customers. You can request me by beginning your question with “Dear XXXXX…”

John Domestic and 5 other Family Law Specialists are ready to help you