50/50 asset division

Asked over 3 years ago - Land O Lakes, FL

Florida is a 50-50 state as come to divorce. My husband has IRA, 401K and his company stocks. He only gave me his IRA, but refused the 401 K and the stocks. We have married for 18 years. ON the mediation, my lawyer told me that he has the right not to give me half of 401k and stocks. If I want 50/50 then I have to have a trial. Now I am confused. Is there anyway I can change the decision, because I have signed the papper without understanding?

Attorney answers (2)

  1. Corrine Anne Bylund

    Contributor Level 7

    Answered . In Florida, mediated settlement agreements are generally upheld. The lack of advice from an attorney, or even the lack of an attorney is not a reason for a mediated agreement to be set aside. However, for a settlement agreement to be upheld it must be entered into freely, voluntarily, knowingly and with fair financial disclosure. You might be able to argue that you didn't enter into the agreement knowingly.

    For clarification, the court starts out with a presumption that marital assets should be divided equally. However, there are factors the court can consider to give more assets to one party. Also, you should consider whether any portion of your husband's retirement accounts were nonmarital, meaning earned prior to your marriage or after the filing of your petition.

    Further, if your husband is already retiring and drawing on the accounts, you can either have alimony based on that income to your husband or you can have one half of the marital portion of the accounts, not both.

    You should seek a second opinion regarding the validity of your mediated agreement.

    THIS ANSWER IS NOT FORMAL LEGAL ADVICE. It is provided for your information based on your AVVO Inquiry. Formal legal advice can be provided after consultation with an attorney. Answering your question does not create an attorney-client relationship or require further consultation.

  2. John Arthur Smitten

    Contributor Level 18

    Answered . assuming he was at the company the whole time you were married then yes you get 50%

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