Retirement plans and stock options

[twinkie1981]

I live in Ohio and am currently separated and seeking a divorce. My husband has agreed to the divorce but wants half my 401(k) and stock options from a previous employer. I did work at this place the whole time we were married. My reasons for divorce are extreme cruelty and not being financially responsible. I have always made more money and held down a steady job. He has jumped from job to job, getting fired from most, wasting money on cigarettes, he depleted our savings account (which I contributed to, not him), and always brought home LESS money than I did AFTER I contributed to my 401(k) plan. is he intitled to any of my 401(k) or stock options? If not, what would be my legal arguement for not paying him anything?

 

[dorenephilpot]

If you lived in Indiana, the answer would be yes that he is entitled to half your retirement/stock options.

My guess is that it's the same in your state, but you really need to ask an attorney there.

The court isn't in the business of figuring out who contributed what and who didn't contribute. Nor does it care.

What you acquired during the marriage is considered part of the marital pot, period, and would be divided evenly in a divorce.

The court figures you chose your spouse, with his virtues and vices, and it's not going to place a moral judgment on who is "right" and who is "wrong." Nor does it want to.

Sorry that that is probably NOT the answer you were hoping for....

 

[alligatorob]

It may not be worth the fight.

I was in a similar situation, also in Ohio and my lawyer advised me that under Ohio law any 401k or pension plan benefits accumulated while we were married were to be distributed ëquitably". She told me that you can make any arguement you want but most courts see that as about 50/50. I contributed substantially to my ex-Wife's education, she earned a BS and MS but very little money while we were married.

Anyway in the end I took my attorney's advice and looking back on it to be out of a bad relationship and done with it was worth what it cost. Maybe even helped me make a better choice for my current wife. Best of luck, I know this is hard it will get easier from here.