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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My wife makes just a bot more than I do. We are separated

Customer Question

My wife makes just a bot more than I do. We are separated and during our marriage, she took out of her retirement to use the funds for house improvement. She has asked me to find out how much is in my retirement because she said that she wanted to know since she took out of her retirement and I benefited from it. I believe she wants to try and get half of that money back from my retirement. Again, she makes approx. $5,000 more than me a year and we both have our own retirement plans through our employers. Am I responsible to pay her back?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

If she used her retirement money to maintain a marital home, then when your share of the is computed, you can either negoiate a settlement where the amount of her retirement used for the improvements is deducted or yes, you will need to allow her information on your retirement as that is martial property.
However, keep in mind, that any improvements made with her retirement is also marital property and so any increase in the value of the home based on those improvements will be calculated in with the total equal distribution under CA law.

I suggest, however, you are not legally required to provide the information unless you are subpoenaed by the court to produce it

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

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