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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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My husband has 700 thousand in s 401k. he also get

Customer Question

my husband has 700 thousand in his 401k.
he also get disabilitycheck for 2200/mon.
i have 350 thousand in my 401k.
he is not working iam working.
my paycheck is 5000/mon after i pay the taxes and contribiution to my 401k.
we own ahouse that is payed off and worth one million dollors which he gets half.
do i still need to pay him alimony???
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Evening,

I will try to best answer your question.

Alimony is considered a secondary remedy. It is utilized generally when there is insufficient assets to distribute between parties or when a party needs to be rehabilitated after staying home for a decade with the children. In your fact pattern neither basis exists for the award of alimony. There is not a sufficient disparity between your incomes that isn't resolved by a disproportionate split in his favor of the assets. He is getting a much larger 401k than yours. Alimony is based also upon reasonable needs of the party and the ability of the payor to make payment. I don't see that you have the ability to make them a payment or that he has the need to receive it.

Customer: replied 1 year ago.
thank you.
i also have ao other question.
he is saying his 401k was before our marriage.therefore i am not in titeled to his.
but my 401k since i earned it while we were togther is half for him.
we been living together 20 years and married 15 years ago.
on 2008 he lost his buisiness and for good 5 years he did not make any money and i said to him
do not take money from your 401k since i make enough to pay the bills.
until he became 62 and then he got the check for 2200/mon.
still i payed more for the house bills than him.
in other word since 2008 i supported him that is why he has that much in his 401k.
so still do i have any right to his 401k.
and is it true that he has the right for half of my 401k.
knownig these are true numbers what is the fair distribuation ???
is the fair if i say your 401k is yours and my 401k is mine.
no alimony and we split the house.
thank you Fara
Expert:  mmdesq replied 1 year ago.

He is technically correct that only the marital portion of the 401 K is divided. Even though a portion of his 401k was premarital the court will still consider that separate asset available to him in considering his need for alimony. Hence the premarital component is not ignored.

Expert:  mmdesq replied 1 year ago.

Would you kindly rate my response please. Thank you.

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