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 Ray Your Own Question

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29519
Experience:  29 years in civil, probate, real estate, elder law
8534270
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

My wife and are going to see Attorney soon to talk about a

Resolved Question:

My wife and are going to see Attorney soon to talk about a separation.I am retire military, I was retire before we were marrage.What right do she have to my retire. WE been marrage 11 yrs.
Submitted: 2 years ago via SpeedingTicketCentral.
Category: Legal
Expert:  Ray replied 2 years ago.

RayAnswers :

Thanks for your question and good evening.This would be considered premarital separate property in a separation or divorce.You would not have to divide this at all since it was vested prior to marriage.Now if this marriage was five years or more court might award her spousal support but the retirement here is clearly premarital and should be assigned to you in a divorce.

RayAnswers :

Law for reference

RayAnswers :

The court shall make a final equitable apportionment between the parties of the parties' marital property upon request by either party in the pleadings. Each spouse is entitled to keep his or her non-marital property, consisting of property which was:



  1. Acquired prior to the marriage.

  2. Acquired by gift or inheritance.

  3. Acquired in exchange for non-marital property.

  4. Was acquired due to an increase in the value of any non-marital property.

  5. Property that is excluded from marital property by written contact of the parties. In making apportionment, the court must give weight in such proportion as it finds appropriate to all of the following factors:



  • The duration of the marriage together with the ages of the parties;

  • Marital misconduct or fault of either or both parties;

  • The value of the marital property. The contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; provided, that the court shall consider the quality of the contribution as well as its factual existence;

  • The income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets;

  • The health, both physical and emotional, of each spouse;

  • The need of each spouse or either spouse for additional training or education in order to achieve that spouse's income potential;

  • The non-marital property of each spouse;

  • The existence or nonexistence of vested retirement benefits for each or either spouse;

  • Whether separate maintenance or alimony has been awarded;

  • The desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children;

  • The tax consequences to each or either party as a result of any particular form of equitable apportionment;

  • The existence and extent of any support obligations, from a prior marriage or for any other reason or reasons, of either party;

  • Liens and any other encumbrances upon the marital property, which themselves must be equitably divided, or upon the separate property of either of the parties, and any other existing debts incurred by the parties or either of them during the course of the marriage;

  • Child custody arrangements and obligations at the time of the entry of the order; and

  • Such other relevant factors as the trial court shall expressly enumerate in its order.


[Based on South Carolina Code of Laws Section 20-7-472 and 20-7-473]

RayAnswers :

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.


 


Please remember to click the ACCEPT button so that I can get credit for the answer. Leaving a BONUS (tip) & POSITIVE FEEDBACK after you accept is very much appreciated.


 


­­­­­­­­­­­­­­­­­­­­­­­­­­---------------------------------------------------------------------


Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

RayAnswers :

Here are the factors the court considers in deciding whether spousal support is appropriate

RayAnswers :

  • The duration of the marriage together with the ages of the parties;

  • Marital misconduct or fault of either or both parties;

  • The value of the marital property. The contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; provided, that the court shall consider the quality of the contribution as well as its factual existence;

  • The income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets;

  • The health, both physical and emotional, of each spouse;

  • The need of each spouse or either spouse for additional training or education in order to achieve that spouse's income potential;

  • The non-marital property of each spouse;

  • The existence or nonexistence of vested retirement benefits for each or either spouse;

  • Whether separate maintenance or alimony has been awarded;

  • The desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children;

  • The tax consequences to each or either party as a result of any particular form of equitable apportionment;

  • The existence and extent of any support obligations, from a prior marriage or for any other reason or reasons, of either party;

  • Liens and any other encumbrances upon the marital property, which themselves must be equitably divided, or upon the separate property of either of the parties, and any other existing debts incurred by the parties or either of them during the course of the marriage;

  • Child custody arrangements and obligations at the time of the entry of the order; and

  • Such other relevant factors as the trial court shall expressly enumerate in its order.


[Based on South Carolina Code of Laws Section 20-7-472 and 20-7-473]

RayAnswers :

Here is legitimate local lawyer referral

Ray, Lawyer
Category: Legal
Satisfied Customers: 29519
Experience: 29 years in civil, probate, real estate, elder law
Ray and 6 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.