Legal Question in Family Law in Florida

Ive been married now 9 yrs. my husband been on his job like 21 years and we have 3 kids together and he cheated will i be able to collect retirement monet from him!


Asked on 7/29/11, 5:21 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

You should.

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Answered on 7/29/11, 5:58 am
Lucreita Becude Lucreita D. Becude, P.A.

Alimony is a tricky thing. 9 years of marriage is not really considered a long term marriage. However, you will collect child support AND if you have actual proof that he is having an affair you can file for alimony and the judge may sanction him by allowing you to receive it. You will need to show that the money that he is making has also been used to further his affair thereby depriving you and your children of the living status to which you have become accustomed to.

As to his retirement - really depends. You have helped to contribute to 9 years of that income and therefore could in effect receive one half or more by having it forwarded to an IRA in your name (this will avoid taxes for you both).

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Answered on 7/29/11, 7:28 am
Carolyn Jones Law Office of Carolyn R. Jones

You have three children. Child Support is allocated by statute and it depends on his income. As for Alimony it depends. You mentioned an affair if you can prove that your husband used marital assets to further or facilitate this relationship the judge can take this into consideration. You really should find local counsel to sit down and discuss your options.

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Answered on 7/29/11, 9:47 am


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