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Is she legally entitled to any portion of my retirement that I had accumulated?

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  • Is she legally entitled to any portion of my retirement that I had accumulated?

    My wife and I have been married over 10 years. Is she legally entitled to any portion of my retirement that I had accumulated BEFORE we were married?

  • #2
    re: Is she legally entitled to any portion of my retirement that I had accumulated?

    Basically, No. That said, working out the dissolution of a marriage can involve many creative methods. The methods are dependent on state law and asset accumulation to some extent.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

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    • #3
      re: Is she legally entitled to any portion of my retirement that I had accumulated?

      Originally posted by JimEdBrown View Post
      My wife and I have been married over 10 years. Is she legally entitled to any portion of my retirement that I had accumulated BEFORE we were married?
      In what state are you residing?

      Exactly how long have you been married?

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      • #4
        re: Is she legally entitled to any portion of my retirement that I had accumulated?

        Sorry, should've said that at first. I live in Alabama. Been married for 17 years. My other question is, she wants to keep the house and "buy me out." She got a tax appraisal from the court house and is trying to use that as the value of the property. I'm currently working on getting an appraisal from a Real Estate agent. But my question, wouldn't the court/judge go by my appraisal and not some courthouse tax appraisal crap?

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        • #5
          Re: Is she legally entitled to any portion of my retirement that I had accumulated?

          The court will laugh at the tax appraisal. You need to get an independent professional appraisal.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

          Comment


          • #6
            Re: Is she legally entitled to any portion of my retirement that I had accumulated?

            Originally posted by Unregistered View Post
            Sorry, should've said that at first. I live in Alabama. Been married for 17 years. My other question is, she wants to keep the house and "buy me out." She got a tax appraisal from the court house and is trying to use that as the value of the property. I'm currently working on getting an appraisal from a Real Estate agent. But my question, wouldn't the court/judge go by my appraisal and not some courthouse tax appraisal crap?
            Appraisals for tax purposes are not the same as "fair market value" which must be made by a licensed professional real estate appraiser. Realtors' valuations are a step below that and should not be accepted by the court. The lowest on the appraisal rung is the owner's appraisal, assumed to be informed of prices for similar houses in the neighborhood.

            The court will decide on the distribution of assets, including what portion if any of your retirement would be divided.

            But toss the tax appraisal out. A quick check for value estimates on sites like zillow.com which estimates current market value should assure you that the tax appraisal is probably nowhere close.

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