What is the name of your state (only U.S. law)?California
Got married 11/08, filed and served spouse 4/09 and took no further action unitl 7/10 by filing for non-contestant divorce. The home we live in is my own seperate property and deemed so in the prenupt. The prenuptial seperates everything (retirement, property.etc) except for earnings. The prenupt also states that there will be no alimony granted to either party. I earn twice as much as my spouse and no judgment are court dates are pending. Spouses new lawyer is stating that all money that I invested in home or retirement is partially my spouses and should recieve thier share of what was invested and accumalated interest untill the divorce is final. I've been contributing to my retirement accounts for over 20 years and have owned my home for the same time period.
-First of all is the lawyer right?
-So if our earnings are not seperate does that mean that my property, pension and 401k are truly in jeopardy?
-And if I have to pay, what time period will I be responsible for paying?
-Is there a formula for calculating these figures when you are already established
Got married 11/08, filed and served spouse 4/09 and took no further action unitl 7/10 by filing for non-contestant divorce. The home we live in is my own seperate property and deemed so in the prenupt. The prenuptial seperates everything (retirement, property.etc) except for earnings. The prenupt also states that there will be no alimony granted to either party. I earn twice as much as my spouse and no judgment are court dates are pending. Spouses new lawyer is stating that all money that I invested in home or retirement is partially my spouses and should recieve thier share of what was invested and accumalated interest untill the divorce is final. I've been contributing to my retirement accounts for over 20 years and have owned my home for the same time period.
-First of all is the lawyer right?
-So if our earnings are not seperate does that mean that my property, pension and 401k are truly in jeopardy?
-And if I have to pay, what time period will I be responsible for paying?
-Is there a formula for calculating these figures when you are already established