Legal Question in Family Law in Minnesota

Divorce & Disability

I am respiratorily disabled and will soon be taking long term disability and retiring from work. I have a company sponsored savings plan (401K) and will be entitled to a pension and age 65. (I am currently 55 yo). Is my (soon-to-be) ex-wife entitled to any of that money or any of my disability? She is self-employed and running her business in the ''black''

Asked on 12/08/07, 2:29 am

2 Answers from Attorneys

Michael Paul Cundy & Paul, L.L.C.
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Re: Divorce & Disability

In a divorce situation, your pension and 401K would generally be considered property, which is subject to division. The disability you will be receiving should be considered income, so depending on how well your wife's business is doing, you may not have to share any of your disability payments. We offer a free initial consultation. Please contact me if you would like to discuss your matter in further detail.

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12/10/07, 11:29 am
Dennis Felix Felix Law Office, P. A.
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Re: Divorce & Disability

The response "that depends" is overwhelming since the entire matter depends on more facts. Namely, her income, the naturre of marital assets other than and including the amounts in the 401k and pension. So call a lawyer immediately. Dennis.

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12/08/07, 3:48 pm

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