Legal Question in Family Law in Virginia
Can i sever my spouse from my retirement
I've been married for 21 years( 7/7/83), during that time three childen were born,--name removed--(21) d.o.b 5/1/84, Janice (19) 4/1/86 and Melaney (17) 8/11/88. I learned that jancie was not mine six month ago, from a d.n.a test. i do not feel any different about her but my concern is the fact my wife committed adultry just two years after we were married, allowed me to believed that janice was ours, put me and jancie at risk with unprotected sex, denied the biological father knowlege of janice and cheated me out of 19 years of my life, due to her affair or affairs, with this being the facts is there any chance of her getting any of my retirement or is there any bar of spousal support and is there any protection out there for me. I DID THE RIGHT ALL OF MY LIFE OR AT LEAST TRIED TO, I JUST WANT TO KNOW ABOUT WHAT CAN I DO.
1 Answer from Attorneys
Re: Can i sever my spouse from my retirement
Retirement income, friend, earned during the course of a marriage is normally considered marital property in which both spouses share.
Your situation would not appear to be any different despite your spouse's alleged infidelity.