Thursday, September 11, 2014

my husband is cheating and there is evidence. Can I file for divorce and ask that he still pay the full mortgage for settlement? What about ...

Question

my husband is cheating and there is evidence. Can I file for divorce and ask that he still pay the full mortgage for settlement? What about his retirement fund? Can I request some of that?



Answer

You can file for divorce on the ground of adultery. As part of the divorce, you would ask the court to divide marital assets, which include the home and his retirement fund. Your share of the retirement would probably be awarded to you as a percentage of his benefits when he starts to take it, unless you work out an agreement with him to "buy you out" of it or assigning some of the existing fund to you. You should consult with a family attorney who can assist you with this.



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