I have been married for just over 20 years, my husband has been at his job for almost 30 years. Am I entitled to 1/2 or his 401k and 1/2 his pension or only what was acquired during the 20 years? Also spousals support. We had a medically needy child (now an adult) I quit my full time job and only worked part time to care for he and his sister. Am I entitled to any spousals support?
This is a difficult question to answer without more facts. First, as to the 401(K) and pensio, the general rule is that a spouse is entitled to 50% of the 401(K) and pension earned during the marriage. Hence, your attorney will need to establish when the 401(K) and pension stated to determine what constitutes the martial portion. As to spousal support there are many factors which the court has to consider before to makes an award of spousal support. You need to consult with an attorney who can review the facts in your case.
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