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401k and divorce

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OHRoadwarrior

Senior Member
So at what time from you marrying him because you could not live with him forever for better or worse, did he become such a horrible person you want to dump him and your vows? Sometimes perception is cloudy. Had he made millions, you could not have lawyered up fast enough to try and collect your share.
 


189union

Junior Member
So at what time from you marrying him because you could not live with him forever for better or worse, did he become such a horrible person you want to dump him and your vows? Sometimes perception is cloudy. Had he made millions, you could not have lawyered up fast enough to try and collect your share.

When we were dating he was a great guy. I am not sure, could be the first time he hit me, or when he bit my face during a fight. Maybe when he would not let me go anywhere or do anything if he did not approve. Or maybe it was when he called me names like fat bitch. But maybe you are right, I should have done this during the one year that he actually make 100 k and not now when he makes barely 20 k a year.

I suffered through a lot because I had 2 children with him and did not want them to have to deal with the drama that I know would have come. They are now grown and grew up with both parents and are both well adjusted adults. One child already has his masters and the other is almost done with theirs. I worked damned hard for all 24 years and thanks to his get rich quick schemes and poor investments there is nothing to show for it except debt and MY retirement accounts. But Thanks for your snarky little comment. Was much appreciated and I hope this answers your question
 

HighwayMan

Super Secret Senior Member
What county is this?

In matrimonial matters alot can vary by county. Oh, the law is the law, but certain things do vary somewhat by county, which I know from first-hand experience.

Do you currently have an attorney?
 

OHRoadwarrior

Senior Member
We cannot help that you elected to put up with this for 24 years and continued having sex while he was abusing you. Obviously you thought he was great child potential.
 

LdiJ

Senior Member
We cannot help that you elected to put up with this for 24 years and continued having sex while he was abusing you. Obviously you thought he was great child potential.
Give it a REST. You are harassing this woman when she does not deserve it.
 

Bali Hai

Senior Member
Please relax.

He's not entitled to a single penny until a court says he does. But IF a court says he does, then the maximum under the law he can be granted is 50% of the contributions that were made during the marriage and the appropriate interest. This might or might include stock; might or might not include employer contributions. It can - it does not have to. It will be up to the judge what to grant him. But the judge CANNOT award him more than 50% of what was accrued DURING the marriage.

And there is no such thing as a 401(b). Do you mean a 403(b)? or a 401(a)?

Not that it matters, since the answer is the same for a 403(b), a 401(a) or a 401(k).
New York is an equitable distribution state, not an equal percentage state.

The marriage lasted 24 years. OP is clearly the breadwinner. The judge doesn't care about all the names being tossed around. Are there any police reports? If I were this woman, I would be more concerned about how much alimony I was going to be paying for the rest of my life.
 

Bali Hai

Senior Member
What county is this?

In matrimonial matters alot can vary by county. Oh, the law is the law, but certain things do vary somewhat by county, which I know from first-hand experience.

Do you currently have an attorney?
We expect judges to be fair and impartial. And as you have attested, that is not always the case.
 

cbg

I'm a Northern Girl
New York is an equitable distribution state, not an equal percentage state.
Even so, it's not likely that he will be granted anything more than 50% of a plan that incurred most of its assets before the marriage even took place. In fact, IMO the OP may come out better in an equitable distribution state.
 

Bali Hai

Senior Member
Even so, it's not likely that he will be granted anything more than 50% of a plan that incurred most of its assets before the marriage even took place. In fact, IMO the OP may come out better in an equitable distribution state.
Of course, they always do.
 

commentator

Senior Member
From the point of view of someone who has been in a similar situation (different state) I will tell you to hang in there. Do get a good attorney. You don't want to go into this undefended as female principal wage earners can get it socked to them just like men can, if the husband/wife goes after them and has the bankroll to pay a very assertive attorney and you don't. I'm sure your husband can be at some times a very charming man, and he might be able to charm the courts to the point they went even (or more) on the distribution of everything. Protect yourself.

You do not deserve a lot of blame for holding on for many years, after all it is very much what we are encouraged to do by society, church, our families, etc. Or your children even may be more on dad's side, regardless of what they've seen and heard. They don't realize a lot, especially if you've tried to make them a good life and keep things happy for them.

But now it's ending, and you do not have to listen to his threats, or give in to his brow beating. I actually saw a man stalk his soon to be ex wife (whom he was used to bullying and terrorizing) for an extended period, until her friends persuaded her to call the police. His direct quote, "Sign the house over to me completely and I'll leave you alone!" He didn't do well in court with this behavior, but only after she told people what was going on, took some action to protect herself. But she was so conditioned not to let others know about her home life, to keep her troubles to herself, that it took a while for her friends to figure out what was going on.

You will probably know, better than your attorney, though, exactly how your ex will react to whatever you do and offer and try to work out. Even if you do not listen to or read his threats and do not engage in arguments with him from this point forward, you probably know in your own mind about what it will take to get him to go away, how much you will need to compromise, and how to avoid enraging him to the point that he gives up entirely and decides to do something real drastic.

Collaborate with your attorney, make offers to him in a professional manner, be willing to compromise some. (after all, you DID choose to stay around a very long time and have children with this man even though you were supporting him, this gives you some liability. The judge may point this out to you, don't be surprised by it). Even if you try to play the abuse card, they're not going to take kindly to that unless there are police records and such, and you stayed around after it happened. Your attorney will help you through all this. Get one and let them.

I ended up not having to share anything at all from my retirement accounts with my ex husband, but then some years later, I did end up having to use some of that money to pay for his funeral so my children would not have to.
 
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HighwayMan

Super Secret Senior Member
We expect judges to be fair and impartial. And as you have attested, that is not always the case.
I attested to not such thing. I was not talking about judges not being fair and impartial. I was talking about differences in procedures and in dealing with certain issues across the board.
 

Bali Hai

Senior Member
I attested to not such thing. I was not talking about judges not being fair and impartial. I was talking about differences in procedures and in dealing with certain issues across the board.
Thank you for the clarification. You do understand that your assertions might lead someone to suspect that this OP would get a better deal in certain NY counties don't you? And if that were the case, it would have everything to do about differences in procedures or in dealing with certain issues across the board.
 

HighwayMan

Super Secret Senior Member
And if that were the case, it would have everything to do about differences in procedures or in dealing with certain issues across the board.
Yes, but nothing necessarily to do with fairness/impartiality of judges.

Same holds true in criminal proceedings.
 
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