Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I have been trying to get a divorce (for around 2 years) from my husband of 8.5 years. We have no children and no property (as the house and car were taken back by the bank). I have thousands of dollars that I owe the IRS, credit card, and family (for loaning me money for the divorce). We have finally got a final divorce date coming up in 2 months and a pre-trial conference in 1 month. I’m sure that he wants some of my retirement (I’m a cop). But at the time of the divorce being filed the amount in the government retirement account was $16K so he would be entitled to 1/2 ($8K). During a recorded deposition, thankfully he admitted that I had given him almost $7K in cash when I left him. Also, a property appraiser was hired several months ago and all the personal property that was in the house with him (marital property) came out to around $8K. I don’t want or need any of it. With all that I’ve left him and given him, would he still be entitled to half the retirement account? I walked away from this marriage with nothing because I just want a divorce from this loser.
Whether he will be entitled to half of your retirement account will be dependent on your state law. Some states, such as California, divide all community property assets and debts between spouses in which case each receives half. In some situations, a separate property contribution will be repaid prior to the distribution of community property. So for example, if your retirement account accrued funds prior to the date of your marriage (separate property), this amount would typically be given back to you in addition to your half share of community property in the account. You should contact a local attorney who can provide you with legal advice about your retirement account distribution pursuant to state law.
