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Question #116:

I was married in 1984 in NY and have one child with my spouse. My spouse filed for divorce in 1993. Towards the end of the divorce/custody proceeding (in 1995) which I was to get sole custody, my spouse abducted our child and left the country for 5 years. In 1996, I enrolled in a 401k at work and opened a IRA. When they were found in 1999 my spouse was arrested and incarcerated for a short time. The divorce was granted but soon dismissed because my attorney did not file for an "extension of time." Since that time there have been (2) two custody cases in which I have won. She has since purchased her own home, paying cash. Now I am faced with filing for the divorce again and want to know if my spouse is entitled to any part of my 401k, IRA, equity in my home or maintenance.



I do not understand exactly what you mean when you say the divorce was "granted" but then dismissed because of failure to receive "an extension of time" . In any case, since you did not enter into a legal separation, you are still considered married and technically all of the assets you acquired during the period in which you were married are marital property and are to be divided under the equitable distribution rules. This will include both your 401(k), IRA, but will also include any asset your wife acquired, including her home which she purchased. If you're located in the New York City metropolitan area, please call me at 212-370-1660 to make an appointment to discuss the matter and see if we can mediate this divorce.

Leonard M. Weiner, Esq./Divorce Solutions
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