Question #109

I have been married for almost three years and am now getting a divorce. In terms of Roth IRA contributions and marital vs. separate property: Are all IRA contributions considered marital property regardless of who put the money in the account as long as it is in one of the spouse’s names? My wife’s parents have contributed regularly to her account, and I want to see if this money is considered a marital asset. Thank you.

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Question #123

I have been married for 11 years and have been contributing to a 401K at my place of employment. My husband has always refused to invest in a 401K through his workplace or any other. – stating that he “could not afford to invest the money.” I have ALWAYS paid AT LEAST 50%, sometimes more to the monthly household bills. Now since the divorce has been mentioned – he claims that he will sue me for my 401K (along with taking my daughter, have me committed and burn the house down). Can he just take 1/2 after he refused to invest in one?. Should I quit investing, or put the money in something else?

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Question #125

Hi, My mother is has been married for over 46 years but has been separated for more than 22 decades. My question is, would she be entitled to his pensions; he worked two jobs for over 35 years. If yes, at what percent. She is thinking of getting legally separated. Thank you.

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Question #135

I was married for almost 20 years, and my ex-husband and I had two children. Our marriage deteriorated because our ideals, interests, goal and dreams changed dramatically in the last three years of our marriage. I left, and we agreed to share custody of the children. After a year of separation, we divorced. Six months before our divorce paperwork was even commenced, I lost my job due to downsizing. Now divorced for almost six months, I am still unemployed but continue to share custody and 1/2 of all expenses for the children, as agreed. My ex-husband has a 401K through his employer now for more than nine years in the approximate amount of %$50,000. By law, am I entitled to any portion of these monies even after divorce?

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Question #138

I’ll attempt to make a long story short. My father recently passed away and had worked for one company for many years. I was contacted by a representative from this company asking for his ex-wife’s address. During their divorce, she received a sizeable lump sum and signed away any financial benefit after his death. Thirteen years later, is she eligible to receive money from his pension? I’m the executor of the estate, and I would like to know the correct process for keeping this money away from her. I don’t even know what the total sum of the benefit comes to…they wouldn’t release the information. I don’t know her current address; no one from our family kept in touch with her after the divorce. This was his second wife, whom he didn’t want to be notified that he was ill or notified of the funeral. She was written out of all other life insurance and veteran’s benefits. I would rather the money go to charity if there is no option to place that money into the estate. Am I legally responsible for finding her? Does she receive a benefit even if she signed off in the divorce? The divorce occurred one year after he retired from the company. She took over 70,000 from a retired man in his 60’s. If she is eligible for the money, I hope she spends it on a one-way ticket to hell. Thanks in advance for your time and reply.

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Question #164

My husband was married for 13 years in California and divorced for five years before we met. We have been married for 6 years in New York. I would like a divorce now. His ex has not remarried. If I divorce him, which ex-wife has the right to his retirement funds, pension, etc., also, would it make a difference if I stayed in the marriage longer? He is 59 years old. I am 42, and my ex is 56. 

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Question #193

My husband and I have been married for ten years, he has been in the FDNY for 15 and worked for Buffalo State for ten years with a break in service between the two. A few years ago, a bill was passed that he could by back the ten years he worked for in Buffalo. So, he paid for those ten years, which was over 13,000, which was paid for out of his pension. This means at 20 years when he can retire from the FDNY. He is retiring at 30 years. So my question is, how many years of his pension should I get?

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Question #195

I am 59 years old, and my husband and I have been unofficially separated for 20 years. We both retain ownership in our home on Long Island, although I live there and pay all mortgage payments, bills, etc. He was having an affair that broke up our marriage, and he is still with that woman. I am also residing with someone. We have three grown children. I am earning approximately 55,000 a year, and he is making about 80,000. We file our taxes together. My 401 is vested at about 40,000 and his over 100,000. I have no other asset, and he does have to help me financially as my mortgage payments are very high. I do not want to sell my home, and he has said he would never ask for that. I am the recipient of his insurance policy and 401 upon his death. He is also mine. Right now, he has met another woman of 42 years of age who is insisting he divorce. If we decide to do this, what are the repercussions to me? Would I be entitled to any alimony, share in 401, etc.? We are currently married for 40 years, and if I have to, I will contest this divorce. Please answer ASAP.
 

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Question #212

I’m writing to inquire about two things. First- my husband (of 20+ yrs) and I want to get an amicable and uncontested divorce- and we are both residents of NY. My husband said that he would agree to any ” reasonable” request I ask… plus I want to leave the state of NY permanently. Hubbie is an officer in the FDNY, and I have been unemployed for many years -being a homemaker and raising our daughter, who is now a legal adult. However -I did work for two years (2001-2003) but had three heart attacks – now living with Congestive Heart Failure, ACS, and COPD after stent implants and a triple bypass. We own our co-op outright. In addition to a fair financial amount, I have discussed with him -plus a monthly allowance(which I am sure he will agree with). What else should I consider? (ie: his FDNY pension, any other pension plans he may have, medical & prescription plan (although I plan on moving immediately to another state after divorce), and will I still be eligible to collect on his social security when he and I are of age – even though he is 54 and I am almost 50(if I live long enough I am unable to collect SS disability as I did not pay into social security since 1992.)? This is not something that just came over us overnight- it has been in the making for the past two years, and although we live under the same roof- we sleep in separate rooms. *****Also, what would the legal fees for a situation such as this amount to in total for both parties- and do we each need a lawyer or can we just have one? Thank you for your time.

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Question #225

In a divorce, what are the percentages in NY my wife is entitled to from my 401k? Thank you.

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