Will my spouse get the ten years of my 401k plan?

Question

in missouri  i have been married 10 years  but have had my 401k for 20 years  will my spouse get  for only 10 years we were married    thak you

Steven D. Dunnings · Answer

Don' t know about Missouri law if that's were the divorce is.

Melvin Franke · Answer

Possibly, hire an attorney, immediately.

Maryanne Spryszak-Hanna · Answer

YOur spouse is entitled to half of what is in the 401K during the marriage. So, if you were working for 20 years, married to her for 10, she will get half of the 401K that was earned during the marriage. Half of 10 years. Unless there are other issues involved.

Helene Ellenbogen · Answer

10 years of your 401(k) plan are community property. The other ten are separate property. The court is required to characterize property and then look at all property to come to an equitable division. That means the court can look at the first ten years of your plan if it needs to do so to reach an equitable solution. In most cases, separate property is not part of the division. However, given the appropriate circumstances it can be. It depends on the totality of all assets and debts (community) and other conditions (e.g. the disability of a party). It would be best to retain counsel to help you with this as the answers are often quite complicated.

Paul Evans · Answer

The simple answer is that the portion of your retirement plan that accrued during the marriage is marital property, subject to division between the parties. The starting point for such a division is a 50/50 split. The Court could deviate from an even split to make the outcome more EQUITABLE, as opposed to equal, such as where one party has significantly more income or non-marital assets than the other. The Court could also deviate from an equal split if one party has engaged in serious FINANCIAL misconduct.

Gregory Crain · Answer

One half the ten years.

Jane Ginsburg · Answer

Your wife is entitled to 1/2 of the community interest in your 401(k) plan. The community interest is determined by the value of the plan when you were married and the value on the date you separated.

Frances Headley · Answer

If you are divorcing in California then only those years that you were married would be community that the court would divided. If you are in Missouri, then you need to contact an attorney in that jurisdiction.

Michael Yeksavich · Answer

I cannot answser this question on the facts given as many factors go into asset  division and alimony determinations.

John Brennan · Answer

Generally in Michigan a spouse will receive one half of the contributions and the gain or loss during the period of the marriage.

Eric Smith · Answer

Under Texas law, retirement benefits accrued during the marriage by either spouse are part of the community property estate and subject to just and right division at divorce. So yes, 10 years of your retirement should be subject to division (your wife getting 1/2 or 5 years worth of the total accrual period). You can come to any division you want by agreement, and you can swap assets to avoid dividing a retirement plan if that is feasible. If you both reside in Missouri, Missouri law  applies to your divorce, and how Missouri law treats Texas community property rights is a question for a Missouri attorney.

Debra L. Palomino · Answer

In Arizona, your spouse would have a community interest in your 401k for the term of your marriage.

Aimee Carol Robbins · Answer

She can ask for her marital share, which is only the pension monies you   saved/earned during the coverture period, which would be the 10 years you were   married. Most times the money is equally split.

Steven Alpers · Answer

It depends on when you retire from your job. Normally, your spouse would get one half the benefits for the time you were married versus the time you were in the retirement plan.

Annette Sandoval · Answer

If you are divorcing in Arizona, a community property state, what was accrued during the marriage is subject to equitable division. Most likely, the ten years at issue would then be subject to equitable division.

Frank Ricketts · Answer

Your spouse is only entitled to the increase in the value of the asset during the marriage. In this case, you would start with the current value of the 401k, subtract the value of the 401k when you were married. Of the remainder, she would be entitled to half of what is left, all things being equal.

Cassandra Savoy · Answer

She will get some portion of the contribution made during the period of the marriage.

John Kirchner · Answer

The answer to your question requires consideration of more than just time.  The total value of the 401k will be presumed to be "marital property" until you can show what the value of that account was at the time you got married.  The difference in those two values will be subject to division with your spouse according to the laws and standards applicable to fairly dividing marital property in Missouri.

Gregory Graf · Answer

She should get half of the ten years portion of the increase in value (deposits + capital gains) of the 401k.

Ruth Emily Vogel · Answer

Your spouse will get a share of the community property value of the 401k.  So, the value of the money put in during the course of your marriage. The amount/percentage of that value varies depending on other aspects of your community and separate financial picture.  In Washington the principle for division of community property is "fair and equitable" which doesn't always mean 50/50.

Bruce Arthur Plesser · Answer

She may be entitled to a portion of when you were married.

Loren Zahn · Answer

Your spouse is entitled to one half of the community interest in your 401(k). Since 401(k)s aren't divided up on time line approach, you will need to have the 401(k) evaluated to determine community and separate property interests.

Tobie Waxman · Answer

During the 10 years you were married and contributing to your 401K, those contributions and any matching funds provided by your employer and any increased in value to the account (assuming it is invested) would be community property. Your spouse would be entitled to 1/2 of the community property interest/value in the 401k. The community ends as of the date of separation, not divorce.

Elizabeth Zwiebel · Answer

In Alabama, the marital portion of a retirement plan is the portion up for division in the typical marriage over 10 years.

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