Will my spouse be entitled to my 401K in Florida? 2 Answers as of March 04, 2011

I had a nice 401 k built before I was married, will my spouse be entitled 50%?

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Rhonda R. Werner Schultz, PL
Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
The portion of the 401K that accrued prior to your marriage will remain your nonmarital portion. Any contributions you make during the marriage will be considered marital and the increased value during the marriage resulting from ongoing contributions will be marital. If you do not make any additions to the account from your employment and it changes in value based upon market conditions only then the entire account will remain yours. There are some conditions that can convert the nonmarital portion to marital property so you should consult with a divorce attorney.
Answer Applies to: Wisconsin
Replied: 3/4/2011
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