Legal Question in Family Law in Florida

divorce from a deadbeat

My sister has been married for 4 years. Her spouse has worked from time to time in that period while she has worked 2 jobs the entire time. She has a 30k student loan prior to the marriage and 27k in her 401k. If she were to file for divorce in the state of Florida, would her spouse be entilted to any of her 401kn if she cashed it out? Would he be responsible for helping pay for all debts during the marriage? Would he be responsible for helping pay off the student loan? Would she possibly have to pay him alimony?


Asked on 7/15/07, 8:27 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: divorce from a deadbeat

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

All marital assets are subject to division by the court including your sister's 401K. Any debts incurred during the course of the marriage are also subject to be divided between the parties. Your sister can ask the court to allocate the assets to her in return for her assuming responsibility for the debt due to her husband's work history and the uncertainty of him paying any obligations.

Your sister should not have to pay any alimony based on the short term of the marriage. She should consider retaining an attorney to help her with the divorce in order to get the best results.

Scott R. Jay, Esq.

Read more
Answered on 7/15/07, 9:43 pm

Re: divorce from a deadbeat

And the student loan is individual debt as opposed to marital debt because inccured prior to marriage. She will be responsible for the student loan.

Read more
Answered on 7/16/07, 9:49 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida