QUESTION
Is my spouse entitled to half of my 401K plan in a divorce?
Asked on Apr 14th, 2014 on Divorce - Florida
More details to this question:
She has no 401K plan. We have been married for 16 years.
8 ANSWERS
If the 401k was earned entirely during marriage then it will be divided in half. If not, then the court will determine what the community (marital) interest is and divide that equally. The remainder will be separate and not subject to the dissolution.
Answered on Apr 15th, 2014 at 7:08 PM
Yes. Each party is entitled to one-half of all assets acquired and all debts incurred during marriage.
Answered on Apr 15th, 2014 at 12:15 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, she is entitled to half of whatever portion you accrued during the marriage.
Answered on Apr 15th, 2014 at 11:59 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In Idaho she is entitled to (amount of 401k)*years of marriage/years of 401k. If you started the 401k after you got married, she entitle to one-half; if before, then the formula applies.
Answered on Apr 15th, 2014 at 11:56 AM
She might be. It's all negotiable. More likely than not, she may be entitled to half of the monies during the time of the marriage.
Answered on Apr 15th, 2014 at 10:51 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Maybe but it depends on the Judge.
Answered on Apr 15th, 2014 at 10:51 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally she would be entitled to 50% of the 401(k) which accrued during the marriage. As a matter of law it is seen as marital savings. As you are clearly contemplating a divorce, and clearly do not have an attorney, I would very strongly suggest that you engage an attorney and counsel with them prior to the time you take any actions and so that you fully understand what you are potentially doing.
Answered on Apr 15th, 2014 at 10:51 AM
2 Awards
Generally, only the half of the sum which accrued during your marriage.
Answered on Apr 15th, 2014 at 10:46 AM