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Greenville Divorce Attorney Takes Half of My Spouse’s 401K?

When we first meet with a new client, they typically have the same questions. It doesn’t matter if they are the wife or husband, everybody only seems to care about two things. First, they want to know what will happen with child custody. Second, they are overly concerned with what kind of assets and money they’ll walk away with. Our Greenville divorce attorneys have gotten used to it over the years. There’s nothing wrong with these questions. After all, the two biggest issues in any divorce are children and division of property. Our divorce lawyers in Greenville spend more than half of their time working on a case trying to settle these issues. It would be one thing if our client was the only one concerned with these matters. The other spouse is just as consumed with these issues. What ends up happening is your Greenville divorce attorneys will end up going back and forth with your spouse’s divorce lawyer in Greenville nailing down the specifics of your marital settlement agreement.

If you haven’t filed for divorce yet, you should wait until after you have talked to a divorce lawyer in Greenville. Any head start you have on your spouse is nice. However, you don’t want to file too soon. Your spouse could hire a Greenville divorce attorney faster than you. This could put you at a serious disadvantage. Here, we will discuss how one important asset will be treated in your divorce. If you still have questions about how equitable distribution works in South Carolina, contact one of our divorce lawyers in Greenville right away.

You and Your Spouse Will Have to Divide Your Assets

Like it or not, when you file for divorce, your Greenville divorce attorney will have to work with your spouse’s divorce lawyer in Greenville to settle your case. The two attorneys need to take a look at your marital assets and debts and determine how to divide them. It’s important to remember that you are only splitting assets that you accumulated during the marriage. For example, if you came into the marriage owning your home, then you would be entitled to 100% of the equity you had in the house on the day you got married.

Likewise, when it comes to your spouse’s 401K, you will not be entitled to a penny of what your spouse had in their 401k on the date of your wedding. And, you may or may not be entitled to a portion of their 401K today. It all depends on several factors. Since each case is different, it’s impossible for our Greenville divorce attorneys to tell you ahead of time whether you’ll be entitled to half of your spouse’s 401K. We understand that you need the answers to this questions and many others. Just keep in mind – we may have to compromise on some things to help you get other assets you want.

Your Divorce Lawyer Will Investigate to See What Assets Your Spouse Really Have

One thing our Greenville divorce attorneys run into from time to time is a spouse who is hiding their assets. When we have a feeling your spouse is lying about their assets, we will do our best to get to the bottom of it. If they have been moving money from a joint account to a personal account, we will find it. If they have asked their employer to funnel more of their pay to accounts in their name only, we will find it. If we can’t find a solution, we can always hire a forensic accountant to find out where all the money has gone.

If we find that they are hiding assets, we will submit a motion to the court requesting that they order your spouse to open up their debts and assets to you. If your spouse continues to hide assets, they can be held in contempt of court. That is not a good thing.

There Are Many Factors That Can Impact Your Divorce Settlement

When it comes to dividing your marital assets, you may have to make some concessions. There are certain things that you want more than others. For example, you may want to keep the marital home. If that’s the case, you may have to give up your claim to your spouse’s 401K. It all depends on the facts of your case. You should call our office today and we can set up a date and time for you to come into the office.

Your Greenville Divorce Attorney Will Fight to Get You the Best Possible Settlement

We have represented hundreds, if not thousands of clients over the years. In each of their divorce cases, our Greenville divorce attorneys worked extremely hard to get them the best possible marital settlement agreement. This agreement is tangible evidence that you have, in fact, divorced. One of the terms that will be covered in the marital settlement agreement will be the division of marital assets. Your divorce lawyer in Greenville will review both your assets and your spouse’s assets. They will also need to examine both of your debts. The goal is to get you the best possible settlement. As long as both parties come out of the divorce fairly, then the spouses’ Greenville divorce attorneys did their job.

If you are contemplating divorce, or have already been served, you should contact an experienced divorce lawyer in Greenville. You can set up a date and time to come into the office. We can sit down and go over the divorce process in detail. You should try to bring a summary of your marital assets and debts when you come in. This way, your Greenville divorce attorney can get started on your case right away. It may take some time for us to conduct our investigation, but once we do, we will use whatever information we uncover to your advantage.

Call our office and schedule your initial consultation with one of our divorce lawyers in Greenville.

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