Legal Question in Family Law in Florida
I have been married 2 and 1/2 years and now we are filing for divorce. We have no kids together. Is he entitled to get some of my retirement 401K money? Also, the house is under my name only and purchased while we were living together but not married. Is he also entitled to that? The house value is less than what I owe.
3 Answers from Attorneys
Everything can be negotiated. However, unless he agrees otherwise, the portion of the retirement account earned during the marriage would clearly be marital. He probably isn't entitled to anything re: the home. Even if he was, since it has a negative value, it should be a non-issue.
Schedule an in-office consultation with an experienced family law attorney.
1. The house is non marital property and is yours.
2. he gets 1/2 the marital portion of the 401k based upon the 2.5 year marriage, a small amount not half of the whole thing.
Your spouse would be entitled to one-half of the value of the 401K that accrued during the marriage. The home would most likely be considered non-marital property.
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