~~ Am I entitled to ?????

What is the name of your state?....Iowa

For my sister....her memo>

Married in 1991, 13 years we did not live together, only lived together for a few months. Filed taxes together through 1996, my place of employment says we are married because of insurance coverage, he is under mine.

My question?
Recently filed for divorce, am I entitled to 1/2 or part of his 401K and/or pension as he has recently retired? ..

So she filed taxes and obtained insurance fraudulantly as married to him when she wasn't?

The assets acquired during the marriage are subject to split.

Even if they had been married the entire time, her share of his retirement would be based on what accrued during the marriage, whatever he brought into the marriage and kept seperate is his. Same with her.

No, this was not fruadlent. They married, but he moved out 3 months later, and kept promising her he would be back. He said "They would go out together, they would do things together, blah, blah, blah!" He never came back, she sat at home waiting on him, ruining her life. He got his own place (an apartment). They worked at the same place. He totally ignored her, he would rather be around his buddies, and kept on a different shift as her. She pleaded and begged for him to come back or to just meet. He would say he would, but she sat home all alone, he never kept his promises.

She owned her own house before their marriage, his name is not on the mortgage. She has made all the payments. He has race horses, but will not share his life with her.

She did not file taxes just for the insurance coverage. As he had insurance at the same company, but they can only put husband and wife on one policy. She put him on hers.

She got fed up with him and finally had enough after all these years and promises, now she is filing for a divorce.

I am not an attorney, but I believe the legal term for this is... "Wacky"


I do believe she should be hiring a lawyer soon and he/she can answer all these questions...

Anyway, good luck to her

Did she have an attorney when she filed for a divorce? Did she demand these terms in her divorce papers? In some states, sure, you are entitled to your spouse's pension and 401k. But I don't know a darn thing about Iowa. By the way, why is she the one paying for his insurance premium...why didn't she list herself on his insurance instead... ?

She hired an attorney, but getting the run around. She told her, that she can not get anything of his, like pension, retirement, but he can get hers.
She bought the house, he can make her sell it and split half. She still has a mortgage of $42,000 on it, the house is worth about $68,000.
Insurance? He was a salaried foreman he has to pay for medical insurance, she worked in the factory part, hers is paid by the company. So when they married, they decided to put him on hers.

This lawyer told my sister, he did not live at her house long enough. She will not take it in front of a judge, she is not entitled to anything. He has bought 6 race horses while they are still legally married, each one worth about $6,000. He has won several huge amounts at the track.

My sister is very depressed, she is going to another lawyer.

Why can he get half of everything she has, but my sister can not get anything of his?
Makes me feel like his lawyer has paid my sisters lawyer off. Not to fight!

How old is your sister and her husband? Did your sister make a lot more money than her husband? Did she financially support him in any way aside from putting his name on her insurance? These race horses - may have cost him $6000 when he bought them, but who knows its value now...does your sister really want a bunch of horses?

My sister is 55, he will be 56 next month.

She put in 60 hours a week at this factory, but him being a foreman, he made more. She did not financially support him, she used her money for her house and utilities, car payment, and food, he used his. He drives a new truck each year. He has $68,000 in his 401K and full pension from work, $2,700 a month.
He was never around to help.
She also had his daughter on her medical ins.

iowachick said:

He has bought 6 race horses while they are still legally married, each one worth about $6,000. He has won several huge amounts at the track.

Why can he get half of everything she has, but my sister can not get anything of his?
Makes me feel like his lawyer has paid my sisters lawyer off. Not to fight!

Click to expand...

Property Division
Iowa is an "equitable distribution" state. The following factors are considered in any division of property: (1) the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker or in child care; (2) any property brought to the marriage by each party; (3) the contribution by one party to the education, training, or increased earning capacity of the other; (4) the length of the marriage; (5) the age and physical and emotional health of the spouses; (6) the federal income tax consequences of the court's division of the property; (7) the time and expense necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment; (8) any premarital or marital settlement agreement; (9) the present and potential earning capability of each spouse, including educational background, training, employment skills, work experience, and length of absence from the job market; (10) whether the property award is in stead of or in addition to alimony and the amount and duration of any such alimony award; (11) the total economic circumstances of the spouses, including any pension benefits; (12) the desirability of awarding the family home to the spouse with custody of any children; (13) any custodial provisions for the children; (14) the amount and duration of any maintenance payments; and (15) any other factors the court considers relevant. [Iowa Code Annotated; Section 598.21].


http://www.divorcelawinfo.com/states/ia/iowa.htm

And, from the few gamblers I know, cumulatively, he probably has lost way more at the track than he has won.



What is she losing by divorcing this guy? Better to get done.