QUESTION
Can my wife get any of my 401k in a divorce in Florida?
Asked on Oct 03rd, 2012 on Divorce - Florida
4 ANSWERS
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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Yes, if contribution was made into the acct during the marriage, that portion is a marital asset subject to equitable distribution.
Answered on Oct 06th, 2012 at 12:24 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Any portion of your 401k that was accrued during the marriage is considered a marital asset that is subject to equitable distribution. Any portion accrued prior to the marriage is non-marital. You should consult with an attorney in order to best determine your potential rights and options under Florida law.
Answered on Oct 05th, 2012 at 11:46 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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It is possible. It depends on what marital assets and liabilities you and your wife have.
Answered on Oct 05th, 2012 at 11:40 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, she can get one-half of the amount contributed during the marriage, because that amount is a marital asset.
Answered on Oct 05th, 2012 at 11:27 PM