What is my wife entitled to when she tells me she wants a divorce?

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What is my wife entitled to when she tells me she wants a divorce?

I am headed for divorce. My wife told me she wanted a divorce as of Nov 2011. She wants half of my 401k and pension. She is not eligible for pension until I turn 55, which is 10 years down the road. We will be married 12 in another 2 months. We have 3 small children. Since she told me that she wanted a divorce, isn’t she entitled to half of those assets at that time (6 months ago) and not when we actually have a final signed divorce?

Asked on April 5, 2012 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  Colorado is a marital property or ciommunity property state, meaning that marital assets are divided equally.  Assets earned during a marriage are marital property so income and accrual of a pension during the marriage count for distribution.  But many times the courts will balance the assets in a way to divide them equally - say giving her more equity in the house - rahther than touch your pension.  She is entitled to joint custody of the children.  SHe may be entitled to spousal support but more facts are needed.  Please seek legal help.  Good luck.


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