Legal Question in Family Law in Florida
I have been married for 16 years. I have worked for my current employer the past eight years. I have a retirement fund that is fully vested with a balance of 34k. The divorce papers I am going to the court house to file state she "relinquishes" all rights to those funds. But does she have any right to them? Could she argue that part of those vested funds are hers? I am 45 and she is 37.
2 Answers from Attorneys
Her rights to a portion of the marital property depends on several factors as defined by Florida law. If she relinquishes all rights, she is giving up those rights, which is her decision. All such issues should be resolved in a marital settlement agreement.
Yes she could lay cliam to a portion of the funds because she has been married to you during the time you acquired the funds. I suggest you do a marital agreement and have her relinquish her rights. If you are in my area, call for an appointment. 904-997-1031.