Legal Question in Family Law in Minnesota
Been separated from my spouse for 4 years we haven't spoke much over that time, but now we're are filing for divorce and he's trying to get half of my 401(k), do he qualify for half are any portion of it.
1 Answer from Attorneys
Further detail would need to be known, e.g., length of marriage, approx. sum of money at stake, what went on during the time of 'separation'. Assuming the amount of money at stake is more than nominal, I urge you to confer privately with your own attorney and she can advise you in detail in light of the full facts of your personal situation. MN statutory law is detailed as to what is the appropriate date for division of marital property in divorce, and there is an abundance of case law in this area.
Tricia Dwyer Esq
Tricia Dwyer Esq & Assoc PLLC
ph 612-296-9666
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http://DWYERLAWFIRM.net
Minnesota Divorce Law Attorneys