Legal Question in Family Law in Florida

My wife and I are seperated. We have no kids, no property and have been married 5 years. She wants my 401K, but has been Baker acted this week. Does she have any rights to my 401 K? I have not contributed to it, but have borrowed off of it during our marriage. Is there any Baker act divorce laws?


Asked on 10/18/10, 8:18 am

1 Answer from Attorneys
WENDY HAUSMANN LAW OFFICES OF WENDY A. HAUSMANN

That your Wife has been "Baker Acted" does not affect her right to receive equitable distribution of what is considered "marital property". She is entitled to receive one-half of any and all property acquired during the marriage, including retirement assets. That portion of your 401K which was acquired during your marriage will be subject to division by the Court (but not any portion acquired before your marriage).

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Answered on 10/26/10, 10:39 am


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