Legal Question in Family Law in Georgia
401k
I have 2 questions:
1. My wife and I are about to go through a divorce. I have told her that I want 1/2 of her 401K. She has said no. I am aware that, under GA law, I'm entitled to half of it. Also, I have a fairly new business, but no 401K. Now, she is threatening to hire someone to do a business valuation (I have no money in my operating account because of paying back loans ... that's why she said she is going to do this). I thought that I heard that there is case law that says that putting a figure on the value of a business is too speculative and, thus, not allowed by the courts. Is this correct?
2. I've allowed my wife to live in our house for the past 3 months, while I stayed at a different location. We have never hammered out or agreed on who gets what. About a day ago, I went by the house (when I knew she would not be there) and noticed that most of our dishes, picture frames, etc. are gone. I'm worried and am wondering if a Judge can order my wife to return these items until ''who gets what'' is litigated.
Thanks.
2 Answers from Attorneys
Re: 401k
You need a lawyer immediately and you have some complete misconceptions about divorce:
(1) There is no law that says each person gets half of a 401K or anything else. Georgia does an "equitable division" of assets. While that CAN be 50-50, it could also be 100-0 or 90-10 or anything else. 401Ks are often divided, but it is expensive and complex to divide them.
(2) The value of a business is certainly divisible.
(3) Judges get very angry when people go to court and fight over small personal items. It is nt likely that those will be arranged, although they can be.
Get a lawyer immediately.
Re: 401k
if you have a kawyer follow his advice, if not get one, this ic complicated in divorce...
mgh
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