QUESTION

Is my ex entitled to any of my 401k if I had married and no martial money has gone in?

Asked on Jun 29th, 2014 on Divorce - North Carolina
More details to this question:
Also, she has a 401k that martial money has gone in. Am I entitled to part of it? We have been married 16 years.
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1 ANSWER

Child Custody Attorney serving Raleigh, NC at Palmé Law Firm, P.A.
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If you had the 401k prior to getting married and no funds were invested in the 401k during the marriage, then it is very likely separate property. However, marital funds are generally any funds earned by either spouse during the marriage. So, if you were putting money that you earned at your job during the marriage into the 401k even though you and your spouse kept your finances separate it would be marital money. If your Wife has a 401k and deposited money in it during the marriage, then it is at least partly marital and you can make a claim for at least of the marital portion.
Answered on Jul 02nd, 2014 at 10:09 AM

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