Could my ex husband get half of my 401k after only three years of marriage? 9 Answers as of July 20, 2015

I am getting a divorce and he wants half of my 401k. I was told that he could not get it because we were not married ten years. Is that true or can he get half?

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The Law Office of Kimberly D. Moss
The Law Office of Kimberly D. Moss | Kimberly Moss
Your ex is only entitled to 3 years worth of interest in your retirement plan, which in the grand scheme of things is likely very little. Texas is a community property state which means that any income earned by either your or your husband during the marriage belongs to you both. Because you have only been married a short while, he doesn't have a very large stake in the earnings from your retirement plan. Be sure to seek the counsel of an experienced divorce lawyer in your area for more information.
Answer Applies to: Texas
Replied: 7/20/2015
Law Offices of Lauren H. Kane | Lauren H. Kane
The retirement accounts are evaluated based on a formula which includes the years that you were married.
Answer Applies to: Pennsylvania
Replied: 7/16/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Typically, a person in your husband's position could not get half your 401(k). The most he could get would be the appreciation in the 401(k) during the 3 years of marriage. And while ten years is not a meaningful period of time in Wisconsin, it is true that in a short marriage, the property is not likely to be divided equally. Finding a good matrimonial lawyer is usually a good idea when you are getting a divorce.
Answer Applies to: Wisconsin
Replied: 7/16/2015
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes that is right ten years.
Answer Applies to: Georgia
Replied: 7/15/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The only portion of your 401(k) that is community is that portion that was earned during the course of the marriage. Any contributions before you were married or after you separated are separate property.
Answer Applies to: California
Replied: 7/15/2015
    Diane l. Berger | Diane L. Berger
    He might be able to have a portion of the retirement that was acquired during the marriage only.
    Answer Applies to: Nebraska
    Replied: 7/15/2015
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    He would be entitled to half of the portion of your 401k which accrued during the marriage.
    Answer Applies to: Virginia
    Replied: 7/15/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    From what you have described, he may be entitled to 1/2 of the post-marital principal and income earned between the date of marriage and the date of separation.
    Answer Applies to: Florida
    Replied: 7/15/2015
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    He can only receive half of the marital portion which amounts to the number of years you are married. Calculated as the date of marriage through the date of divorce.
    Answer Applies to: Illinois
    Replied: 7/15/2015
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