Can somebody “lock” retirement such that in divorce it isn’t divided?

Posted On Sep 30, 2019 By admin With Comments Off

I am under the impression from various speaks and talking to parties that ALL resources, including any previous retirement/ 401 K/ inventory/ etc, house, gondola, etc .. is segmented in half in a divorce. I understand that anything passed down via estate is not dividable, including money, homes, etc. I assume that if I inherited a mansion, while married, and we lived there, and the house disappeared up in importance .. perhaps some of that is likely to be segmented?

But in terms of something like company stock, retirement, etc .. how does that the project works? Can my SO somehow “lock down” their 401 K or IRA money such that they get to keep it all as well as take half the house, and I would still owe alimony as well? I am trying to figure out how the court/ magistrate would guarantee something like this. Can my SO leant their IRA/ 401 K into a trust somehow, without me knowing, and thus prevent me from obtaining half in a divorce? If so, how is that allowed? Or would it perhaps refute the amount my SO would get from other resources like savings, home ethic, etc to counter the difference?

How is alimony ascertained? If I perform 4K take home, and SO meets 2K, is it based on a “fair value” so that I am not living under my gondola while SO gets to live in a dwelling? I are certainly strange if “were having” kids .. and I had to pay child funding AND alimony, how they factor in the amount if 4K barely allows us to survive in a small home on our own. If they form me offer $800 per kid( 3 kids ), plus alimony .. I have< 1K left to live on( vary alimony and if I get stuck compensating so much better per kid ). Do they abate the amount so that I have a fair amount to survive on? Or do they just not care and if I have to live in car or what not that is not their concern? If that were to happen .. to the extent I couldnt even open a studio apartment to live in( which too necessitates its too small to have kids stay with me apparently, so I guess I never get to see kids either ?) and lost my job and realized less money .. how does that factor in? Do they lower how much I owe? Does it just deepen so while SO gets to live comfortably I am barely subsisting and meanwhile what I owe is piling up with costs/ etc?

I think this is the reason a lot of people dont divorce. If they are not financially capable of enduring decently after all they gotta pay, and because the courts often favor women over beings in most situations, it represents it damn nearly impossible to survive let alone get ahead and have any semblance of a life.

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