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P. Simmons
P. Simmons, Attorney
Category: Legal
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Experience:  16 yrs. of trial experience
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my husband and I are getting divorced in the state of NM.

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my husband and I are getting divorced in the state of NM. He has a sizeable IRA (or maybe it's a 401K). After 26 years of marriage, don't I get exactly half? Someone said I'd only get the part that he contributed to after we were married--which was virtually none. Is that true?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Actually, that is correct...you are entitled to a portion of the money that was generated during your marriage. You mention a 26 year marriage...did he not contribute to this during your marriage??
Customer: replied 3 years ago.

No, because after we were married he started up his own companies and there was no 401K or IRA to contribute to.


 

Thank you Ma'am

In that case, the IRA you are talking about (the one he brought to the marriage) is considered separate property. Since he did not contribute to it during the marriage, the court will not consider it marital property...or, if he only contributed a small amount, the court will consider that portion marital property.

But the value of the companies he started ARE considered marital property...so you will get a share of them.



I am very sorry to have to bear bad news.
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