Dividing Assets

[mjarami1]

Hello,

I apologize upfront if this has been answered before. I have been married nine
years this July and only separated for the last five months. I would like to move forward with my divorce but have not yet retained an aggressive lawyer. I will let my ex keep the house and a 2006 GMC Yukon that is paid off. He just quit his job and cashed out a 401k worth $45,000. I have only $8000 in mine due to taking out of my money since he could not borrow from his because he was still employed when we purchased our home. He wants to give me only $2000 out of his money. I believe Iam entitled to more since all of his money was accumulated during the marriage. What can I expect to get? We have two children and we both agree to equal custody.

[Attorney Cheri Hobbs]

Florida courts award the parties 50/50 of any assets acquired during the marriage and 50/50 for any liabilities acquired during the marriage. If he recently cashed out his 401(K) then you can argue that that money is marital and should be split 50/50. Your 401(K) should be equally split as well. The courts will award child support based on the parties' incomes and the amount of overnight time sharing with each parent.