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Wife left marital home in march of 2015 filed for divorce in…

Customer Question
Wife left marital home...

Wife left marital home in march of 2015 filed for divorce in October of 2017. Two minor children who have resided with me during the entire period. There was never any financial support during that time. Do I have any rights?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Pennsylvania

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She is asking for 50% of my 401k

Submitted: 7 months ago.Category: Family Law
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11/26/2017
Family Lawyer: socrateaser, Lawyer replied 7 months ago
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 40,075
Experience: Retired
Verified

Hello,

Pennsylvania family law defines legal separation as the date when the parties are living separate and apart. Under your facts, you were legally separated in March, 2015. A retirement account will be treated as marital property to the extent that contributions were made during marriage. So, your contributions to the account became separate in March, 2015.

If you were contributing to your retirement account before you were married, then those contributions would also be separate property. Your proportionate rights in the retirement plan are roughly equal to all of your separate contributions, plus one half of your marital contributions, all divided by the total contributions.

The court has authority to make a different distribution order. However, based on the facts you provide, it is extremely unlikely that your spouse would receive 50% of the retirement account, assuming that you have been making contributions to the account since March, 2015.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Family Lawyer: socrateaser, Lawyer replied 7 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 7 months ago
The fact that she left and I have provided for our two children without support has no bearing on our divorce?
Family Lawyer: socrateaser, Lawyer replied 7 months ago

Yes, it has a great bearing for purposes of child support. You are likely to be awarded both the maximum amount of custody and support. But, child custody and support have no bearing on marital property division, because children are not property. So, the court must separate the two considerations from each other -- otherwise, the court could run afoul of the 13th Amendment prohibition against slavery -- as making orders which appear to effectively exchange custody or child support for property could be construed as the purchase and sale of possession over the children.

It's a slippery slope. Bottom line, child support and custody are considered separately from property division. The only place where this gets messy is where there is a family home that was paid for with marital assets. Typically, the court will allow the custodial parent to remain in the home while the children have not yet become adults. After which, the court will order the property sold, or one party to buyout the other's property interests.

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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Family Lawyer: socrateaser, Lawyer replied 7 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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