I am divorcing, how do I protect my retirement. Husband on SS Dis.has not worked for 20 years. I am working.?

Answer 1

Sorry to say that you most likely won't be able to protect it, unless there is a reason....like cheating etc. Is he asking for the divorce? If there is no prenuptial agreement before the marriage....then that is part of divorce

Answer 2

Get a good attorney. What ends up happening often times (I had a similar issue, but genders reversed), is that your *current* retirement value is considered in the overall equation of what the marriage assets are. What a good attorney should do is mitigate that, and then allocate that to your side of the settlement.

Now things will depend on state of residence, how close you are to retirement, how much that retirement is in terms of percentage of the whole estate, and both your earnings.

When you meet with your attorney or are interviewing, find out what they know and what experience they have on the subject, and make sure they recognize how important it is to you.

Good luck with this unfortunate situation.

Answer 3

in most states, when you get married everything becomes 50/50. If you have already filed, this maybe to late, but you can take 50% of saving and checking up front. You need to open an account in your name only, and transfer what you have there. Anything you want to keep, you need to sell it, and have it in writing prior to filing, to someone you can later, get it back from at the same price, or just on paper. Since he has not worked, he may get support off of you to, if he cant work. Check with your lawyer what laws will protect you in your state. Good luck, and watch your back.

Answer 4

Welcome to equal rights ladies !!!!!

You wanted it and got it - now deal with it.

He'll likely not only get 50% of your retirement savings, but you'll likely get to pay alimony to him for the next 5 to 10 years, because he has a "right" to the lifestyle he has grown accustomed to.....

Harsh reality of life - if you're married for more than 5 years half of ALL YOUR STUFF belongs to the other person. Plain and simple.

Now you know how 90% of divorcing men feel .....

Answer 5

You need to get a divorce lawyer, but you also need to talk to a licensed financial planner that specializes in divorce planning. They are not necessarily the same person.

Answer 6

If you were married for over 5 years, he is entitled to half of your retirement, regardless of him working or not working.

Answer 7

well with your lawyers you deal with him. he does this and you get that. you can work it that way most of the time you can get them to do one thing. use your lawyers to your advantage. let him get soemthing he wants and then you tell him with your reitrement. i was lucky my x and i werent' even dealing with that and my hubby now he had his x sign off cause he gave her the house stuff like that. give him car or soemthing that is what you can do. and then let him go. take care and good luck

Answer 8

my friend just lost half of her 401K after a 10 year marriage because her ex asked for it. she lives in jersey. he had nothing saved and worked menial jobs and could have said he didn't want it. she was a manager at a large company. she fought it, but he got it and used some of the 75K to buy a truck. i'm not sure how you can protect it, but i hope your lawyer can help you. it sux when men get what they do not deserve in a world where women are constantly at a financial disadvantage. good luck.

Answer 9

Unfortunately, you will likely be paying alimony, just like lots of guys have paid it to wives who have been dependent upon them. If you have been the breadwinner, and supported him? sorry.

Answer 10

Ah, equality. Just as you would be eligible to collect if the case was reversed, he will in fact get his cut.