Carbondale, CO Divorce Law Firms & Lawyers

Any part of the 401k that accrued during the marriage is community property. Protecting it is more about the length of the marriage and if the other side is claiming a community portion, you may be able to offset the amount with some other asset or a cash buyout. You should consult with an attorney.

Regardless of the prenup, given the short marriage, you should be able to recoup at least the $50k (it would likely be considered separate property even if the prenup was invalid). Is the new house titled jointly - that could complicate things based on the language in the pre-nup, but the courts divide property equitably, not equally, so the court could still give you the first $50k even if the property is jointly titled. I'd want to see the pre-nup and discuss the facts to give you a more certain response. You might be a good candidate for our flat fee uncontested divorce services - for $795, we prepare all the documents and agreements for you and you get up to 60 minutes of additional consultation time with one of our attorneys to ensure that the documents and agreements are prepared correctly (this is especially important where real estate and mortgages are involved) and that you are getting a fair deal. We also can help expedite the process. We offer a free 20 minute initial consultation if you'd like to give us a call. I hope this helps. 

Go the Inspector General's office of the nearest military installation and show them you marriage license and explain the facts to them. The military chain of command can force him to get your ID card and provide adequate financial support until a divorce is finalized. You have a slight advantage in that there is nothing he can do to force you to file for divorce so he will have to find a way to do it himself from overseas.