Is my husband entitled to my assets such as funds in a savings account and/or 401k/retirement funds if we divorce?

Asked over 1 year ago - Buffalo, NY

His name is not on the account.

Attorney answers (5)

  1. Howard A. Schwartz

    Contributor Level 19

    6

    Lawyers agree

    Answered . Your husband is entitled to equitable distribution of assets that were received during the time of the marriage. Assets earned prior to the marriage and kept separate can be declared separate property. You should consider consulting with a local matrimonial attorney. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  2. Wendy Ann Keegan

    Contributor Level 3

    6

    Lawyers agree

    Answered . Your husband may be entitled to a portion of these assets under New York's equitable distribution laws.
    Generally, a portion of each asset acquired during the time that the parties where married will be allocated to the non-titled spouse. However, the percentage distributed will not necessarily be 50%.
    Additionally, the titled spouse may be able to claim an asset as separate property even if it was acquired during the course of the marriage in certain instances, such as when the asset was funded by an inheritance or personal injury settlement.
    Of course, this answer just speaks in generalities. You really should consult a local attorney to obtain advice specific to the facts in your situation.

    Best regards,
    Wendy A. Keegan, Esq.
    Conti & Keegan, P.C.
    1110 South Avenue, Suite 11
    Staten Island, New York 10314
    Tel. 347-273-1310
    Fax 888-999-8935
    Email contikeegan@gmail.com

  3. Joseph S Hubicki

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . The portion of both parties assets earned during the marriage are subject to equitable distribution. The increase in value of premarital or separate assets also may be subject to equitable distribution. It does not matter whose name the assets are in. Equitable distribution does not necessarily mean 50/50 though. The percentage of the respective distribution is dependent on a number of factors, such as length of the marriage, the age and health of the parties, and so forth.

  4. Morghan L Richardson

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . Yes. You should be aware that you may need a Qualified Domestic Relations Order (QDRO). These can be quite expensive. You may want to factor that in your negotiations with your husband.

  5. Frank Stephen Ieraci

    Contributor Level 11

    1

    Lawyer agrees

    Answered . In general, each spouse is entitled to a share of any asset that was acquired during the marriage, with exceptions for things like gifts or inheritances. So your husband is likely entitled to a portion of the assets you describe, if they accrued during the marriage. This does not mean he will get half. He may get a different amount. You are also entitled to a share of any assets in his name which have been acquired during the marriage. These include things like real estate or interest in a business as well as cash assets.

    You should speak with an attorney to get better advice regarding your specific situation. I offer a free consultation for such matters at my office in Amherst. If you would like to discuss your case, please feel free to call for an appointment at 832-7777.

    This anawer is not intended to create an attorney-client relationship and may be considered attorney advertising.... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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