QUESTION
If a husband had a 401(k) for 8 years prior to the marriage, and the marriage only lasted 7 weeks, and ended via annulment, is the wife entitled?
Asked on Aug 01st, 2013 on Divorce - Florida
6 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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An annulment means that in effect the marriage never happened. Therefore, the wife would be entitled to nothing.
Answered on Aug 07th, 2013 at 10:39 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No, if the marriage was annulled, it is as if it never happened. So, there would be no entitlement.
Answered on Aug 07th, 2013 at 10:38 PM
No-the value of an 8 week interest in the 401(k) wouldn't equal what it would cost to divide it.
Answered on Aug 07th, 2013 at 10:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not much, if anything I under the described circumstances.
Answered on Aug 07th, 2013 at 10:38 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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My opinion would be that the annulment would preclude any award of interest in the 401(K), since the annulment make it as if the marriage never occurred. It would be worthwhile for you to consult with the attorney who represented you in the annulment to discuss this question.
Answered on Aug 07th, 2013 at 10:38 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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She may be entitled to of the contributions for that 7 week period.
Answered on Aug 07th, 2013 at 10:38 PM