I live in Arizona. My wife and I have been married for a little more than a year. We're getting a divorce. She has money in a retirement fund, I'm not sure how much was put into it during the marriage. Am I entitled to any portion of the retirement fund?
1 Answer from Attorneys
Generally speaking, you are entitled to half of whatever was added to the retirement account during the marriage. Depending on the kind of account, you may be able to review the balance on the statement closest to the date of the marriage and then the balance on the statement closest to the date the divorce documents are served to determine whether there was an increase during the marriage. She will be required to disclose these statements to you. Once you have an idea of whether there have been contributions during the marriage and the approximate amount, you can consider the best way to resolve this issue (e.g. rollover of funds from her account to yours, offset against other marital assets, etc.). I recommend you consult with an attorney to discuss this issue in greater detail.