If I have been married for five years to a verbally abusive man, am I entitled to any of his 401k if I divorce him? 13 Answers as of July 16, 2013

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Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If you are in Florida, you are entitled to half of any increase that occurred during the marriage. Anything that he had accrued prior to the marriage, would be his sole property. If you are contemplating divorce, you should consult with an attorney in order to best determine your potential rights and options, especially before you sign or agree to anything.
Answer Applies to: Florida
Replied: 7/16/2013
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
Arizona is a community property state. In a dissolution of marriage you would be entitled to one half of the community portion of his 401(K), that means whatever of the 401(K) was contributed during marriage. Any funds in it from prior to the marriage are separate property.
Answer Applies to: Arizona
Replied: 7/16/2013
Law Offices of Frances Headley | Frances Headley
The asset's value built up with earnings received during the marriage would be divided upon dissolution.
Answer Applies to: California
Replied: 7/16/2013
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
Yes, according to the time rule of Brown you will be entitled to 50% of the community property interest that accrued during the marriage.
Answer Applies to: California
Replied: 7/16/2013
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Marital assets are those that are acquired during the marriage. With regard to a 401K, the plan may have both a non-marital and marital value. That portion that was accrued before your marriage would generally not be divisible as part of the property settlement.
Answer Applies to: Minnesota
Replied: 7/15/2013
    Peyton and Associates | Barbara Peyton
    You are entitled to one-half of the portion of that fund which was acquired as a result of his income from anything other than gifts or inheritances regardless of how abusive he might ever have been
    Answer Applies to: California
    Replied: 7/15/2013
    Webster & Associates | Anita Webster
    Yes, in Nevada you are entitled to 50% of anything accumulated during the marriage including his 401K and any other retirement accounts.
    Answer Applies to: Nevada
    Replied: 7/15/2013
    Vargas Law Office LLC | Ronnie Ismael Vargas
    You are entitled to half of his 401(k) plan that was accumulated during the time of your marriage. So if your spouse had a 401(k) plan valued at $40,000.00 at the time you were married and the 401(k) is valued at $50,000.00 at the time of the divorce, you would be entitled to $5,000.00 (the 401(k) grew $10,000.00 during the marriage and you would be entitled to half of that increase). Verbal abuse does not factor in property division here in the state of Wisconsin.
    Answer Applies to: Wisconsin
    Replied: 7/15/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Georgia is an equitable division state, so there are no "entitlements" when it comes to property division. However, the portion of the 401(k) that was accumulated during the marriage (and this can be difficult to figure, considering the varying rates of return) would be marital property subject to equitable division, meaning that if you can't agree on how to divide the 401(k), the judge would do it according to whatever he or she thought was equitable or fair given the facts of your particular case.
    Answer Applies to: Georgia
    Replied: 7/15/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It doesn't really matter whether he is abusive. You are entitled to one-half of the amount added during the five years that you were married.
    Answer Applies to: Idaho
    Replied: 7/15/2013
    Glenn Milgraum PC
    Glenn Milgraum PC | Glenn P. Milgraum
    In New Jersey, you are most likely entitled to a "fair share" of the contributions made during the marriage, as the presumption is that the monies used to fund the account was "marital income".
    Answer Applies to: New Jersey
    Replied: 7/15/2013
    John Russo | John Russo
    Depends , if he was receiving it at the date of marriage the answer is most likely no, (there are exceptions) but for the most no, if he has not taken as of yet you will be entitled to the 1/2 the marital portion i.e. 5 years, most likely not worth paying for the QDRO.
    Answer Applies to: Rhode Island
    Replied: 7/15/2013
    Cook, Skeen & Robinson, LLC
    Cook, Skeen & Robinson, LLC | Shawn H. Robinson
    In Utah, you likely are entitled to 1/2 of his retirement that has accrued during the marriage. He would likely be entitled to any retirement you have accrued during the marriage as well.
    Answer Applies to: Utah
    Replied: 7/15/2013
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