Divorce & Annulment

questions & answers

Question: I LEFT MY HUSBAND AND HAD TO START COMPLETELY OVER SO I CASHED IN MY 401K...IS HE ENTITLED TO THAT MONEY IF WE WERE ONLY MARRIED A YEAR AND I ACCRUED IT BEFORE WE WERE MARRIED?

Answer:

Short answer, probably not. If you keep this separate and like you stated and was accrued before you were married and you were only married a year…it is unlikely that he will have any claim to that money. The best way to describe it…Any money accrued BEFORE marriage would remain separate property. If you accrued money DURING marriage, it may be divided equally. If you did something during marriage that can be construed as “co-mingling” or combining this asset, the full amount may be subject to division. Best advice, contact a family attorney who specializes in Qualified Domestic Relations Order (QDRO). This is a special court order where a forensic accountant determines what (if any) and how much should be divided.

The following are a couple of a websites with some information regarding community property.

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00213.htm&Title=25&DocType=ARS

http://www.lawofarizona.com/articles/community-property-wills.html

http://divorceinfo.com/azfaqspropertydivision.htm#LengthOfMarriage