Legal Question in Family Law in Pennsylvania
What I get in a divorce
First of all I'd like to say that we have a 15 year old daughter together. My husband retired six years ago, he is 70 years old, and the money that he had in his 401K and IRA's was rolled over in a Vanguard fund into other Ira's. I am the beneficiary but my name is not on the these Ira's along with his. If I talk about divorce my husband says that I will get nothing. Is this true? Does being his beneficiary help to get me a portion of our money? I'm afraid if I ask him for a divorce he will take my name off of his Ira's that day. In November I will be married to him 19 years. Both of our names are on the house and the car. Can you help me? Thank you.
1 Answer from Attorneys
Re: You have rights to retirement and other property
I am happy to consult with you on a free initial basis. It is very helpful to discuss all of the ramifications with an experienced family attorney. I have ten years' experience as a family law practitioner and am a former hearing officer with the Montgomery County Domestic Relations Office.
Pennsylvania law provides for equitable distribution of all marital assets. Marital assets are defined as property acquired from the date of marriage to the date of separation. That includes any increase in value of what was premarital property.
As you can see, he cannot simply remove your name and if he threatened to do that, you could intervene with a court order. You are well within your rights to pursue a divorce and you would be entitled generally to at least 50% of the marital assets. If you were a homemaker and earn less than him now, you would be entitled to much more than half. Also, you can request that he reimburse you for attorney's fees, etc.
Rest assured, I will provide you with clear and simple advice and information. I look forward to hearing from you via e-mail or by phone at your convenience.
Very truly yours,
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