Q: Going through a divorce been separated for 8 years now is my soon to be X wife entitled to my retirement I only have
About 8 years invested thanks one more thing if I have to pay half her debt does she have to pay half mine ?
A: For my answer I will assume that the separation was informal (property has not been previously divided). A lawyer will need to review the specifics of your situation, but these are the general rules. The retirement is probably part of the marital estate (i.e. will be divided), unless there is clear evidence that the retirement amount arose after the separation AND there was a formal division of assets with the separation. The debts, like the retirement, are probably shared, unless the debts are secured on separate property and attached to only one spouse. Note, the retirement and debt allocating can be negotiated in the separation agreement (which will later become part of the divorce decree)--that is, spouses can negotiate a "fair" division of the marital estate in a manner that is different than the default division rules.
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