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#774458 - 03/19/18 06:05 PM Friendly divorce - but inequitable
MoonChris Offline
recently joined

Registered: 03/19/18
Posts: 2
Hi, I have an fairly unusual situation. My wife and I still live together. We both want a divorce. We've been married less than 3 years. I'm 45, she is 44. We have no children together, but each of us has 2 kids from a previous marriage. We are very friendly, in fact, we hang out together pretty much all the time, and plan to even after the divorce... We just don't want to be married anymore.

I have a sizable retirement account, the vast majority of it from before we married. She has a tiny retirement account, but a decent pension. We have agreed on how we will split everything: cars, the house, the furniture, the money, including the retirement account.... She doesn't want a dime of it.

When we list the assets, the disparity between what I will get vs what she will get is striking. But she's fine with it. Our question is, will a judge force us to split my retirement account to make it more equitable? Do we list our retirement accounts as "pre-marital" assets - there is a section for that. The rest of the petition is filled out and was pretty simple. But this one we are concerned about. She especially wants this wrapped up quickly.

Thanks!

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#774461 - 03/20/18 12:09 PM Re: Friendly divorce - but inequitable [Re: MoonChris]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 853
The only portion of the retirement a judge will look at is what was accumulated during the marriage.

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#774462 - 03/20/18 11:18 PM Re: Friendly divorce - but inequitable [Re: MoonChris]
MoonChris Offline
recently joined

Registered: 03/19/18
Posts: 2
Thank you, MinnesotaMom. That's what we both want. How does he know? The form simply asks to list the assets, including retirement accounts. It doesn't ask to show the balance on our wedding day vs what it is today.

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#774463 - 03/21/18 04:58 AM Re: Friendly divorce - but inequitable [Re: MoonChris]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 853
There's nothing stopping you from listing it that way.

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