Archived
Am I entitled to half of all my husbands earnings/assets/investments/401K and future income. We have been married 35 years.
Carla's answer
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Answered on September 03, 2012
Almost all states consider retirement benefits and other income and investments to be marital assets for purposes of dividing them under family law...
Archived
How can I access my retirement money before age 55
Carla's answer
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Answered on August 31, 2012
Request the "plan document" from the employer (probably HR department) -- that document will spell out your options. Employers are permitted to...
Archived
See below - 401`K and ex husband still had me as his unchanged beneficiary
Carla's answer
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Answered on August 30, 2012
If you were listed as the beneficiary and he never changed it, and then died, you would be the one to get the account. When you divorced did you...
Archived
I was fired because my wife called human resources to ask about our health care benefits. I live in Texas. Wrongful termination?
Carla's answer
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Answered on August 30, 2012
ERISA prohibits discrimination against you for exercising your rights (or your beneficiary's rights) under an employee benefit plan. Asking for...
Archived
I was let go for writing checks for personal expenses. I am now trying to get my 401k but emp won't sign off can they keep it?
Carla's answer
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Answered on August 30, 2012
The portion of the account that you contributed is always yours (it's always "vested"), but the employer's contributions (if any) may or may not be...
Archived
When can I begin collecting on my ex's pension if he's retired and I'm still working?
Carla's answer
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Answered on August 28, 2012
The attorney that drafted the Order dividing your benefits should have submitted it back when it was drafted. If he's retired and collecting his...
Archived
My ex has been cashing payment for health care/insurance coverage when our child has not been covered.
Carla's answer
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Answered on August 28, 2012
I am not sure I understand the situation. You say your ex is supposed to provide your child's health insurance coverage, but it sounds like the...
Archived
I live in NJ. I was awarded a portion of my ex's 401K which states the amt in divorce decree 10 yrs ago. He never complied.
Carla's answer
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Answered on August 27, 2012
In order for you to obtain the money, a Qualified Domestic Relations Order (QDRO) should have been drafted by your attorney and submitted to your...
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