Got married in 2022. I am a 40 (F), and will be filing for divorce by the end of March. We got married in April of 2022, and I worked at this job from 8/2020 to May 2023. I have a small retirement fund from this job. Will he be entitled to any of that? What are the rules/precedents regarding that?
Talk to a lawyer. The cutoff in the 80s was 10 years to qualify for a partnership retirement. Also, talk with your HR.
They would most likely only be entitled to half of your retirement that was earned during the marriage.
In Illinois, which is an equitable property state, judges divide property based on what’s fair. Marital property includes items purchased or appraised while married.
If you didn’t add him to the fund, just the amount added during the marriage is marital money.
Would we have to move into litigation for that? We don’t have any kids and both want a simple divorce.
You don’t have to split any assets in a simple divorce if you agree on it. Do either of you plan to hire an attorney to draft and file your paperwork?
If you two can agree to keep your own accounts and debts, it’s fine. Otherwise, if you contributed to that account during the marriage, he can probably get half.
Why not propose that you keep your assets and he keeps his? This seems reasonable.
This whole thing is a racket. I hope you find happiness without all the marriage bullshit.