If I have had to use all of my retirement account to pay bills but believe my wife has rights to some of the money, are there any legal ramifications for me?
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If I have had to use all of my retirement account to pay bills but believe my wife has rights to some of the money, are there any legal ramifications for me?
I got married 5 years ago and have been seperated for about 1 1/2 years. In the last 4 years, I have accrued over $30,000 in my retirement accounts. I’ve been home from Iraqfor the past 7 months receiving unemployment and looking for work.
Asked on May 31, 2012 under Family Law, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Military pensions are divided differently than regualr pensions but they can still be marital property for division in a divorce. Is it possible for you to seek help from either legal aid or a local bar association's pro bono (free) division or look and see if ex military personnel can get help in your area from any organizations that support same. I would not panic yet and remember that she could also have had retirement funds that you would be entitled to so if you waive your right to hers she could waive her right to yours if need be. There is always a way to figure things out. Good luck and thank you for your service to our country.
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