Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I am getting a divorce after 6 years of marriage, do you have

Customer Question
the right of some of...
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: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
12/1/2009
Lawyer: HPlawyer, Attorney replied 8 years ago
HPlawyer
HPlawyer, Attorney
Category: Legal
Satisfied Customers: 874
Experience: GA Lawyer
Verified
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.
Ask Your Own Legal Question
Customer reply replied 8 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?

 

Lawyer: HPlawyer, Attorney replied 8 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.






Ask Your Own Legal Question
Customer reply replied 8 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?
Lawyer: HPlawyer, Attorney replied 8 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.


Ask Your Own Legal Question
Customer reply replied 8 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?
Lawyer: HPlawyer, Attorney replied 8 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.


HPlawyer
HPlawyer, Attorney
Category: Legal
Satisfied Customers: 874
Experience: GA Lawyer
Verified
HPlawyer and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask HPlawyer Your Own Question
HPlawyer
HPlawyer
HPlawyer, Attorney
Category: Legal
Satisfied Customers: 874
874 Satisfied Customers
Experience: GA Lawyer

HPlawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My former employer is in possession of one item of personal
My former employer is in possession of one item of personal property and will not respond to requests to release back to me … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I need to file a motion to stay for a Writ of Possession in
I need to file a motion to stay for a Writ of Possession in TN. Is there a fillable form available that you know of? … read more
Lori
Lori
Juris Doctor
318 satisfied customers
HOw can I regain possession of property that I sold and
Second opinion] HOw can I regain possession of property that I sold and carried back a promissory note but have not been paid. And then the occupant sold the property to someone else.… read more
Lori
Lori
Juris Doctor
318 satisfied customers
I was arrested for possession of false identification. At
I was arrested for possession of false identification. At the time it was considered a crime in the state of NH. Since that time they have changed it to a misdemeanor. Does this mean I no longer have … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
I was pulled over for a possession charge of 1 to 4 but no
I was pulled over for a possession charge of 1 to 4 but no less than three. The drug wasnt on me at all. It was scattered on my floor boerd while I was being detained … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My civil rights were restored, but not the right to possess
My civil rights were restored, but not the right to possess a firearm after a release from prison in 1984. I now own two real estate firms and often carry large sums of funds to escrow and banks. I am… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
Thanks I'm trying to restore rights with a possession with
Thanks I'm trying to restore rights with a possession with intent of marijuana felony. Is this possible or what is easiest way to make it go away. It was in 1999 of July in SC … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
In a marital-property State, do both spouses have to agree
In a marital-property State, do both spouses have to agree to rent jointly-owned property? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question about land possession in the State of
I have a question about land possession in the State of Michigan. This may get a little confusing but here goes. About 30+ years ago my Father, Grandfather and Uncle purchased 2 large pieces of land. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,389 satisfied customers
I was awarded possession of my rental property but they are
I was awarded possession of my rental property but they are horrible hoarders. So I allowed them 24 hours to get packed cuz they've literally boxed up nothing since Thursday. If I let them stay one mo… read more
Bill Attorney
Bill Attorney
law
1,612 satisfied customers
If my father has possession of a general power of attorney
if my father has possession of a general power of attorney that I provided to him and now his wife has full power of attorney over him since he has alzhemiers/dementia. Can she use my power of attorne… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,345 satisfied customers
Can a buyer who completed pof a home with possession but
Can a buyer who completed pof a home with possession but pending conveyance ofvtitle … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
My friend was convicted for possession with intent to
My friend was convicted for possession with intent to distribute. He was pulled over within feet of a known crack house. The drugs he was charged with was found on the ground. The original arresting o… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Need definition of realestate term: adverse possession.
need definition of realestate term: adverse possession … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
Is a demand for possession and eviction notice?? Missouri,
No nothing has been filed. Was received on 14th of last month to be out by October 2nd taped on the door. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I am being sewed for fraudulent conveyance on a judgment my
I am being sewed for fraudulent conveyance on a judgment my girlfriend has. Does my case get dismissed if she satisfies her judgment??… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Question on disbursement of marital property during
question on disbursement of marital property during separation in florida … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I am filing a lawsuit regarding fraudulent conveyance in
I am filing a lawsuit regarding fraudulent conveyance in Orphans Court. The property in question is being sold in another court. How can I delay the sale of the property until my lawsuit regarding fra… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x