She left 2 years ago never came back but now text and said she is going to take my retirement. Should have already filed but had to take care of a dying dad. Using my sisters email.
Is she entitled to a portion of your retirement? Short answer is yes. The court will look to complete an "Equitable distribution of Marital assets" What that means is the court will look at all assets and liabilities incurred during the marriage. The duration of the marriage will be one issue, you will argue for two years, she would argue for four. Then the court would likely determine how to divide the assets obtained during that marriage. So if its two years of your retirement, she would be entitled to 1/2 of the two years, not 1/2 of the full retirement. The same would apply to any other assets or liabilities. It is the right thing to sit down and discuss your situation with a family law attorney to be able to determine all the details beyond this one asset. Many will give you the first thirty minutes free to discuss the situation, but it sounds to me like your best choice maybe to file first.
She would probably be entitled to one-half of the retirement which was earned during the marriage. In order to stop this from accruing, you should file for divorce right away. I would advise you to retain a local attorney to help you through this complex process. I will be happy to answer any questions you may have.
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