How long should I stay married with my spouse to be able to get a portion of his money? 11 Answers as of October 22, 2013

How long do I have to be married to my spouse in order to get a portion of his 401k should a divorce occur?

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Gottlieb & Goren, P.C.
Gottlieb & Goren, P.C. | Aaron W. Goren
Under usual circumstances, you will get a proportion of the 401k measured by the length of the marriage. (How many years you are married in relation to the total number of years he worked to earn the 401k.) He may argue that only the years before you separated should be counted instead of the years of marriage.
Answer Applies to: Michigan
Replied: 10/22/2013
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
In Florida, any portion of his 401k that is accrued during the marriage is considered a marital asset to which you would generally be entitled to half. So, if he is still contributing to his 401k, then the longer you are married, the more you would receive.
Answer Applies to: Florida
Replied: 10/18/2013
The Law Offices of Tres A. Porter | Tres A. Porter
Your question is concerning. Usually if it is a 401k plan, you would be entitled to one half of the value of what was put into the plan "during the marriage" and depending on the plan, if the plan increased in value to a rise in the market potentially half of that increased value. Certain plans, particularly military retirements and traditional pensions have minimum time frames that you must be married before becoming entitled to any portion of the retirement. You should consult a family law attorney in your area.
Answer Applies to: California
Replied: 10/18/2013
Ellis & Abouelsood | John Danelon
In California, everything earned after the date of the marriage would be community property, thus would be split in half. In the case of a 401k, you would be entitled to 1/2 of the portion earned during marriage, but will never be entitled to 1/2 of the entire amount if the 401k existed prior to marriage.
Answer Applies to: California
Replied: 10/18/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Not long, a month or two. However, you won't get much. There is a formula that applies. Suppose that he started the 401k in 2000 and you got married in 2005 and get divorced in 2015. You will be entitled to 10/15*1/2 of the 401k. In other words, you are married for ten years, but the 401k was around for 15 years, you would get ? of 2/3 of the 401k. If you are only married for 6 months, then it would be .5/15*1/2.
Answer Applies to: Idaho
Replied: 10/18/2013
    Eric Johnson
    Eric Johnson | Eric Johnson
    In my humble opinion, the longer the better, so long as the detriments of staying married don't outweigh the potential benefits. But you get presumptive half of his 401K benefits accrued during the marriage, so staying with him a long time doesn't mean you will get a greater percentage, if that's your question.
    Answer Applies to: Utah
    Replied: 10/18/2013
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    You will only be entitled to the portion of the 401k that accrues during the marriage, that is from the date of the marriage to the filing of the divorce petition.
    Answer Applies to: Florida
    Replied: 10/18/2013
    Diane l. Berger | Diane L. Berger
    You will be entitled to that portion of your husband's 401(k) that was acquired during the marriage. You would never be entitled to anything he acquired before you got married, no matter how long you are married.
    Answer Applies to: Nebraska
    Replied: 10/18/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Before you do anything, please talk to a divorce attorney in your area.
    Answer Applies to: New Jersey
    Replied: 10/18/2013
    T.D. Stevens & Associates PLLC
    T.D. Stevens & Associates PLLC | TD Stevens
    There is no set time limit, you are entitled to half of what the account has grown from the date of marriage until the date of divorce, minus any loans on the account.
    Answer Applies to: Texas
    Replied: 10/18/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Equitable division of property is not based solely on the length of the marriage. If you have questions about property division, you need to have a detailed in person consultation with an experienced attorney who can advise you after getting all if the relevant facts.
    Answer Applies to: Georgia
    Replied: 10/17/2013
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