Legal Question in Family Law in Florida
divorce from a deadbeat
My sister has been married for 4 years. Her spouse has worked from time to time in that period while she has worked 2 jobs the entire time. She has a 30k student loan prior to the marriage and 27k in her 401k. If she were to file for divorce in the state of Florida, would her spouse be entilted to any of her 401kn if she cashed it out? Would he be responsible for helping pay for all debts during the marriage? Would he be responsible for helping pay off the student loan? Would she possibly have to pay him alimony?
2 Answers from Attorneys
Re: divorce from a deadbeat
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All marital assets are subject to division by the court including your sister's 401K. Any debts incurred during the course of the marriage are also subject to be divided between the parties. Your sister can ask the court to allocate the assets to her in return for her assuming responsibility for the debt due to her husband's work history and the uncertainty of him paying any obligations.
Your sister should not have to pay any alimony based on the short term of the marriage. She should consider retaining an attorney to help her with the divorce in order to get the best results.
Scott R. Jay, Esq.
Re: divorce from a deadbeat
And the student loan is individual debt as opposed to marital debt because inccured prior to marriage. She will be responsible for the student loan.