QUESTION
Can spouse who lives in another state get any of my 401k if married less than 3 years and he didn't work hardly any during the marriage?
Asked on Sep 03rd, 2013 on Divorce - Utah
6 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, he can get of the increase in value for the 3-year period.
Answered on Sep 11th, 2013 at 2:01 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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The general rule in Michigan is that a spouse is entitled to 50% of the 401(k)'s increase in value that occurred during the marriage. However, there are MANY exceptions to that rule, and the fact that your marriage is short-term, and that you didn't live together for at least part of the marriage, and that he is unemployed should definitely help your position.
Answered on Sep 11th, 2013 at 2:01 PM
Yes. She get half of the amount from date of marriage to date of separation.
Answered on Sep 11th, 2013 at 2:01 PM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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A spouse acquires an interest in a retirement plan during the years of marriage (3 years). All contributions made to that plan during your marriage would establish a community property interest in that asset, for which your spouse is entitled to one-half, despite his lack of work.
Answered on Sep 11th, 2013 at 2:00 PM
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You will want to visit with a local attorney. However, you have a very short term marriage and it sounds like you have been separated for part of that time if your spouse lives in a different state. The answer to your question depends on whether the court values the marital portion of your 401k at the date of divorce or separation, how much the increase during the marriage was (as opposed to what was yours prior to marriage, which will remain your separate property), and what other debts and assets you both have to divide.
Answered on Sep 11th, 2013 at 2:00 PM
It will depend on the law in the state that grants the divorce, and where the parties lived during the marriage. In Utah, retirement benefits earned during the marriage are marital property and subject to being divided by the divorce court. The general rule is that the spouse receives one-half of the retirement benefits that were acquired during the marriage. The division of marital benefits does not depend on the length of the marriage, where the other spouse resides, or whether or not the other spouse contributed to the marriage.
Answered on Sep 11th, 2013 at 2:00 PM