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adultery

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bjvalk

Junior Member
What is the name of your state (only U.S. law)? alabama..after a 20 yr marriage my wife filrd for divorce. afterwhich i found out she was having an affair and is still seeing the guy. my lawyer says i am intetled to have her 401k which is quite larger then mine. we have very little equity in the home due to a recent refinance and she left the home which i still reside in and make payments. i have video evedence of them and also some cell text that he sent me cause he got mad at her. i want to keep my home and do want half the 401 due to the fact that 10 yrs ago i had to bankrupt due to her excessive spending. do i have enough with the videos and such to prove adultery?What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
You don't need to prove adultery in AL to get a divorce:
Divorce in Alabama

There might be other reasons why you'd want to prove adultery. For example, it can affect spousal support or property division in Alabama. However, so much depends on the particular judge assigned to your case and the practice in your area that it's best to listen to whatever your attorney tells you.

You will each be entitlted to 1/2 of the marital value of the other's 401K - and 1/2 of the marital value of any other assets. If the 401Ks were started and funded while you were married, that means you're each entitled to 1/2 of the total. if they existed before the marriage, then the pre-marital amounts are subtracted before division.

Since you both have 401Ks and hers is larger, then you will keep all of yours and she will have to give you 1/2 of the difference (assuming that the full value is marital). Make sure to have it rolled directly into your 401K since taking it in cash will create major tax consequences.

If you want to keep the house, you will need to reimburse her for 1/2 of any marital equity and probably refinance in your own name.
 

LdiJ

Senior Member
You don't need to prove adultery in AL to get a divorce:
Divorce in Alabama

There might be other reasons why you'd want to prove adultery. For example, it can affect spousal support or property division in Alabama. However, so much depends on the particular judge assigned to your case and the practice in your area that it's best to listen to whatever your attorney tells you.

You will each be entitlted to 1/2 of the marital value of the other's 401K - and 1/2 of the marital value of any other assets. If the 401Ks were started and funded while you were married, that means you're each entitled to 1/2 of the total. if they existed before the marriage, then the pre-marital amounts are subtracted before division.

Since you both have 401Ks and hers is larger, then you will keep all of yours and she will have to give you 1/2 of the difference (assuming that the full value is marital). Make sure to have it rolled directly into your 401K since taking it in cash will create major tax consequences.

If you want to keep the house, you will need to reimburse her for 1/2 of any marital equity and probably refinance in your own name.
Its unlikely that he can roll it into his own 401k, but he certainly can set up an IRA to roll it into, and should.
 

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