If I have been married 9 years and divorce, will my wife get any on my retirement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have been married 9 years and divorce, will my wife get any on my retirement?
Asked on June 16, 2012 under Family Law, Louisiana
Answers:
Brad Micklin / The Micklin Law Group
Answered 12 years ago | Contributor
Probably. It is difficult to answer questions about the division of assets and debts in a divorce because they are divided under a theory called equitable distribution. This does not mean equal distribution. Instead, judges have wide discretion when determining how to divide assets and debts in a divorce. However, most commonly they are divided equally because there is no compelling reason to divide them differently.
Generally, a spouse is entitled to up to 1/2 of the moneys acquired in a retirement account of the other. However, that will be offset by 1/2 of the money the first spouse acquired in his/her own retirement account during the marriage.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.