Can my wife get my 401k in a divorce? 1 Answers as of January 03, 2011

Our divorce is pending. I have had no financial gain while married.

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
She might be entitled a share of the account if it is determined to be marital property, either totally or partially. It will be considered marital property if it exists at the time of the final divorce unless you can demonstrate how much of it existed at the time of your marriage. Even if there were no contributions during the marriage, any appreciation in value of what you had at the time of the marriage that occurred during the marriage may be considered marital property. If it is considered marital property, whether a judge will award your wife a share will depend on the overall financial picture at the time of the divorce. Although she will be entitled to a fair share of the marital property, that applies to the total value of all marital property and not necessarily to each individual asset.
Answer Applies to: Colorado
Replied: 1/3/2011
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