Is My Wife Entitled To My Retirement and Spousal Support, If I retired Before Marriage And We Have Been Separated Most Of Our Marriage?
Today’s question today comes to us from Marcus, and he has a situation where he was married in 2012. Him and his wife have been separated from most of that time during their marriage. And now they are facing a divorce, and she is wanting to get spousal support and part of his retirement.
Prior to getting married, he retired. So, he is no longer employed. His wife is now, during this divorce, wanting to get her fair share of the retirement that he accumulated, as well as some spousal support to help her during this divorce or after the divorce.
What he wants to know, is she entitled to his retirement and to spousal support? Well, in Nevada, any retirement that has been acquired prior to marriage is separate property, as this was gained and earned prior to you getting married to your new spouse.
So, therefore, the retirement would not be something that the wife would be entitled to Alimony or spousal support would be something that the courts would consider if the parties had, for example, a big difference in income. If the wife is destitute and she needs some support, if he’s able to pay the alimony and still survive and if she is in desperate need to receive this alimony, the court will decide whether she’s entitled to the alimony and for how long.
Alimony does not have a set formula in Nevada, is basically based on the ability to pay and the spouse’s need to receive it. The attorneys will make the arguments based on the marriage, the time of years, the financial situation of the parties, and then it is up to the judge to make a final decision as to what seems just and fair.
Marcus, so you know, your retirement should be free from any equitable distribution in a community property states as it was acquired prior to your marriage. However, that income can be used to calculate the amount of spousal support that you may pay your wife for the length of the time that you were married. So, although, the retirement money is not to be divided equally, it can be used to impute your income, to calculate your income, as far as calculating spousal support for you, why should it be awarded.
I hope this has answered your question. If you have further questions or want to talk about this further, give me a call or go to vegasdivorcemeeting.com, I’ll be happy to talk to you about this further.
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