Reply to How would you divide the money in this divorce scenario?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Half his retirement fund, half the joint account, plus alimony since you're not working and child support for your child. Did he not think he was going to split retirement with you when you got married? Without a pre-nup, you should assume he intended for you to have half of any money he came in with. [/quote]

She's not entitled to half his retirement when they didn't even get married until he was past 50 and had already saved most of it.  Get real.[/quote]

To beat a dead horse: she is entitled to half his retirement. Legally. [/quote]

This is how it works.  He shows proof of the account balance from 13 years ago.  Any increase to the balance from the date of their marriage gets split 50/50.  He'll argue that she's not entitled to the gain on the original balance, only the additional contributions and the gain on them.  She'll argue that she's entitled to all the gains because he kept contributing to the same account, and it's impossible to separate it from the new contributions and gains.  They'll agree in mediation to split the gain beyond the balance from 13 years ago 50/50, or they'll go to court, and the judge will rule on it. [/quote]

They will also split half of hers.[/quote]

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