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Husband wants a divorce. Am I entitled to half of my husbands retirement? Or only the time we have been married 2 years?

San Diego, CA |

Husband is denying me children. He wants a divorce cause I want children now. I'm 38 and my Dr. says my fetility is low it's now or never. We agreed to children when we got married. Should I make him pay for my fertility procedure? Since he is putting me in this position?

Attorney Answers 4


  1. That won't work. You can get a divorce and an economic settlement - but the rest seems unattainable. Consult a local attorney and work through the issues.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  2. You can only recover 50% of the 2 years that you were married. No, you cannot get the judge to order him to pay for fertility treatments.


  3. You are entitled to half of what was earned in the retirement during the marriage.


  4. You are only entitled to half of his retirement from the date of marriage to the date of separation.

    http://stanprowse.com/property-division-in-divorce

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