Legal Question in Family Law in Florida
I live in florida and me and my wife seperated 2 years ago and ihad a retirement account that i cashed out . now after 2years my wife finally wants adivorce doi still have to claim that retirement money in the divorce.
3 Answers from Attorneys
The date of marriage dissolution for alimony purposes is the date the Petition is filed in the court house. I would have toguess that if you have no assets after two years of separation it would really depend on what you have now and the length of your marriage.
If you cashed it out, no. Only list what you have left right now.
I agree with Attorney Smitten. All you did was change the nature of an asset from a qualified retirement account to a non-qualified account. Then the issue is whether you spent the money. If you spent the money, oh well. If you have the money, you then have to list it on your financial affidavit. You cannot list something on your financial affidavit if it does not exist.