When a marriage ends, legal issues immediately arise. Getting strong legal advice is the only option.
I cheated, but it was only one time and my spouse doesn’t know. Can I still get alimony?
If you cheated and your spouse does not know, then they may negotiate with you for alimony. However, cheating is marital misconduct that bars or in other words completely negates your ability to get alimony or if you pay, cheating locks in your obligation to pay alimony. Of course this is a slightly “over simplified” explanation and there are a lot of different factors that go into a total alimony analysis. For example, how long ago did the cheating occur? What evidence do you have? Post Separation Support may or may not be affected by cheating, and you should consult your attorney about this.
I contributed to a 401k during my marriage that I had with my employer even before i married my spouse and i do not believe my spouse is entitled to any. Do i have to provide my spouse with half?
Some portion of the 401k appears to be your separate property. This is the tricky part – so listen up. In court you would have to trace all the assets from the date of marriage through the date of trial. This generally means that you have to produce all of the monthly statements or hire a forensic accountant. However, there is also a coverture fraction which most people can agree (without going to court) to use and this helps to determine the exact percentage of your 401k which is marital. Your spouse would be entitled to one-half of the marital portion.
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