Legal Question in Family Law in Georgia
Retirement in Divorce
I have been married for 21 years and have three children ages 16, 14 and 12. My husband works for the federal government and I have an at-home business. My husband makes double what I earn. My husband and I never set up another retirement plan other than the one through his work because we knew it would be enough for the two of us to share at retirement. When we divorce, am I eligible to receive half of it at retirement age. I am 47 years old and have no other form of retirement. We also have no money to speak of in savings, checking or in home equity. I am also going to ask for child support.
3 Answers from Attorneys
Re: Retirement in Divorce
In Georgia, there is an equitable division of all marital assets during a divorce. Typcially, the retirement account that has been accumulated during the marriage is considered a marital asset and is subject to division. Georgia is not a community property state, so it is not an automatic 50/50, but it is usually close to it.
Re: Retirement in Divorce
Circumstances like your warrant representation by an attorney, particularly since the custody laws changed this year. In any event, this forum lacks the ability to exchange enough information and participate in adequate discourse to give educated answers to your questions. Generally, the individuals who have the most at stake (typically the party who deferred their career and education to attend to the well being of the family unit) have the most to lose by failing to retain legal counsel.
Re: Retirement in Divorce
Such retirement benefits which were accumulated during a marriage are subject to equitable division in a divorce action. This means a fair or equitable division, not necessarily equal. For more information on the factors employed, please see my blog at http://www.gafamilylawblog.com/equitable_division_of_marital_property/index.html .
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