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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28113
Experience:  Attorney with experience in family law.
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My husband is 68 and I'm 50, We are getting a divorce. He is

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My husband is 68 and I'm 50, We are getting a divorce. He is now drawing SS and only working part-time. We have been married 13 years been together 18. He said he will retire so not to pay alimony. He has large amounts of money in his profit sharing, IRA account and 401k. Can I ask for my alimony if ordered to be taken from his 401 and rolled over into mine in a lump sum?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

All money deposited into an IRA or 401(k) account during the marriage is joint property and must be split equitably at the time of the divorce. You'll have the ability to put the money into retirement accounts in your name, to be drawn on when you're older. You're also entitled to half the money in the profit-sharing plan. This is NOT part of the alimony you will receive. That's part of the equitable property distribution required by law (unlike alimony, which is not required by law).

You're allowed to ask the judge to order your husband to pay alimony based on his current income, your current income, and your necessary expenses. The judge will determine how much you need, what your husband can afford to pay, and look at your work histories. It's possible that your husband will not be able to retire if he's required to pay alimony. When you show the judge that he only retired because of the divorce, that should count in your favor.

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