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HPlawyer, Attorney
Category: Legal
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Experience:  GA Lawyer
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I am getting a divorce after 6 years of marriage, do you have

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I am getting a divorce after 6 years of marriage, do you have the right of some of my husband retirement money. There was o prenup.
Submitted: 6 years ago.
Category: Legal
Expert:  HPlawyer replied 6 years ago.
Your husband's retirement money will generally be considered a martial asset (at the very least, to such an extent it has increased or accrued during the marriage) and will be subject to an equitable division as provided in the divorce decree.
Customer: replied 6 years ago.

We always had 2 different checking accounts. What about the debts I have accrued during the marriage. he bought most of the furniture using his checking acct, because at that time i was not financially able to help out. he also has about $15,000.00 in stock market and 4,000 in savings. do i have rights to thise as well?


Expert:  HPlawyer replied 6 years ago.
So long as the money in those checking accounts, stock market, or savings have accrued during your marriage, you will generally have a right to such property.

Conversely, if the property was inherited or existed prior to the marriage, AND has remained untouched, then it will generally NOT be considered martial property and a spouse would have no right to such property.

As for debts, those would generally be distributed equally or equitably as well.

Regarding the furniture, if he purchased it and paid it off, then it's part of the marital property and should be divided equitably between the two of you. It does not matter if he paid for it initially.

Customer: replied 6 years ago.
How do you get possession of the retirement money? Cash money or when you retire?What if he transfered all his money to his (let say) mom account to keep me away from the money?
Expert:  HPlawyer replied 6 years ago.
You will get it through the Court process. Generally, you will get the money now, and it will be discounted based on its present value. (e.g., a $100 10 years from now might only be worth $70 today.)

If he is trying to conceal his money or transfer it to avoid you from getting it, that would be a fraudulent conveyance, and it would not go well for your husband.

Customer: replied 6 years ago.
he was the one who committed adultery and first to file for divorce, does that help his case? I am originally from a different country and married him in good faith. I only obtained my citizenship last year, will that work against me?
Expert:  HPlawyer replied 6 years ago.
Him having committed adultery will definitely help your case, especially if it is the reason you are divorcing him.

When you obtained your citizenship should not matter.

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