Will my spouse get the ten years of my 401k plan? 36 Answers as of June 29, 2013

in missouri i have been married 10 years but have had my 401k for 20 years will my spouse get for only 10 years we were married thak you

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John Russo | John Russo
In Rhode Island your former spouse would only be entitled to a % of the marital portion of your pension. I believe Missouri would be the same.
Answer Applies to: Rhode Island
Replied: 7/9/2012
Patrick McCarthy
Patrick McCarthy | Patrick McCarthy
It depends. Further information & discussion is needed before making a projection as to what will happen in this regard. (For example, did you contribute to this 401K plan during the marriage?) You would be well advised to consult with a legal professional to make sure your rights are protected and to ensure that the proper steps are taken. Also, consideration should be given as to what state(s) applies here, Michigan or Missouri.
Answer Applies to: Michigan
Replied: 7/5/2012
Law Office of Melvin Franke | Melvin Franke
Possibly, hire an attorney, immediately.
Answer Applies to: Missouri
Replied: 6/14/2013
Law Office of Robert D. Rosanelli
Law Office of Robert D. Rosanelli | Robert D. Rosanelli
If you are divorced in Missouri, this is decided by Missouri law.
Answer Applies to: Arizona
Replied: 7/3/2012
Law Offices of Maryanne Spryszak-Hanna PC | Maryanne Spryszak-Hanna
YOur spouse is entitled to half of what is in the 401K during the marriage. So, if you were working for 20 years, married to her for 10, she will get half of the 401K that was earned during the marriage. Half of 10 years. Unless there are other issues involved.
Answer Applies to: Michigan
Replied: 6/29/2012
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    10 years of your 401(k) plan are community property. The other ten are separate property. The court is required to characterize property and then look at all property to come to an equitable division. That means the court can look at the first ten years of your plan if it needs to do so to reach an equitable solution. In most cases, separate property is not part of the division. However, given the appropriate circumstances it can be. It depends on the totality of all assets and debts (community) and other conditions (e.g. the disability of a party). It would be best to retain counsel to help you with this as the answers are often quite complicated.
    Answer Applies to: Washington
    Replied: 6/29/2012
    Burnett Evans Banks
    Burnett Evans Banks | Paul Evans
    The simple answer is that the portion of your retirement plan that accrued during the marriage is marital property, subject to division between the parties. The starting point for such a division is a 50/50 split. The Court could deviate from an even split to make the outcome more EQUITABLE, as opposed to equal, such as where one party has significantly more income or non-marital assets than the other. The Court could also deviate from an equal split if one party has engaged in serious FINANCIAL misconduct.
    Answer Applies to: Missouri
    Replied: 6/29/2012
    Law Office of Gregory Crain | Gregory Crain
    One half the ten years.
    Answer Applies to: Arkansas
    Replied: 6/29/2012
    Law Office of Jane E. Ginsburg
    Law Office of Jane E. Ginsburg | Jane Ginsburg
    Your wife is entitled to 1/2 of the community interest in your 401(k) plan. The community interest is determined by the value of the plan when you were married and the value on the date you separated.
    Answer Applies to: California
    Replied: 6/28/2012
    Law Offices of Frances Headley | Frances Headley
    If you are divorcing in California then only those years that you were married would be community that the court would divided. If you are in Missouri, then you need to contact an attorney in that jurisdiction.
    Answer Applies to: California
    Replied: 6/28/2012
    Mike Yeksavich | Mike Yeksavich
    I cannot answser this question on the facts given as many factors go into asset division and alimony determinations.
    Answer Applies to: Oklahoma
    Replied: 6/28/2012
    The Law Office of Eric J Smith
    The Law Office of Eric J Smith | Eric Smith
    Under Texas law, retirement benefits accrued during the marriage by either spouse are part of the community property estate and subject to just and right division at divorce. So yes, 10 years of your retirement should be subject to division (your wife getting 1/2 or 5 years worth of the total accrual period). You can come to any division you want by agreement, and you can swap assets to avoid dividing a retirement plan if that is feasible. If you both reside in Missouri, Missouri law applies to your divorce, and how Missouri law treats Texas community property rights is a question for a Missouri attorney.
    Answer Applies to: Texas
    Replied: 6/28/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally in Michigan a spouse will receive one half of the contributions and the gain or loss during the period of the marriage.
    Answer Applies to: Michigan
    Replied: 6/28/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Yes.
    Answer Applies to: Iowa
    Replied: 5/29/2013
    Palomino Law Firm, P.C.
    Palomino Law Firm, P.C. | Debra Palomino
    In Arizona, your spouse would have a community interest in your 401k for the term of your marriage.
    Answer Applies to: Arizona
    Replied: 6/28/2012
    Attorney at Law | Aimee C. Robbins
    She can ask for her marital share, which is only the pension monies you saved/earned during the coverture period, which would be the 10 years you were married. Most times the money is equally split.
    Answer Applies to: Maryland
    Replied: 6/28/2012
    Law Office of Joan M. Canavan | Joan Canavan
    Yes, your spouse in only entitled to receive 1/2 of 10 years of your 401k plan.
    Answer Applies to: Massachusetts
    Replied: 6/28/2012
    Steven Alpers | Steven Alpers
    It depends on when you retire from your job. Normally, your spouse would get one half the benefits for the time you were married versus the time you were in the retirement plan.
    Answer Applies to: California
    Replied: 6/28/2012
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    If you are divorcing in Arizona, a community property state, what was accrued during the marriage is subject to equitable division. Most likely, the ten years at issue would then be subject to equitable division.
    Answer Applies to: Arizona
    Replied: 6/28/2012
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    She will get some portion of the contribution made during the period of the marriage.
    Answer Applies to: New Jersey
    Replied: 6/28/2012
    Law Offices of F. Richard Ricketts, PLLC
    Law Offices of F. Richard Ricketts, PLLC | F. Richard Ricketts
    Your spouse is only entitled to the increase in the value of the asset during the marriage. In this case, you would start with the current value of the 401k, subtract the value of the 401k when you were married. Of the remainder, she would be entitled to half of what is left, all things being equal.
    Answer Applies to: Washington
    Replied: 6/28/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Don' t know about Missouri law if that's were the divorce is.
    Answer Applies to: Michigan
    Replied: 6/29/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    In California, the answer would be yes because we are a community state and your spouse only gets one half of the accumulations during the marriage.
    Answer Applies to: California
    Replied: 6/28/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If you are in Missouri, I don't know why you are asking that question to a California Family Lawyer. I know and practice only California Law. Were you divorcing in California, and were you married for 1/2 of the period during which you contributed to your 401K, your wife would have a 1/2 community interest in ONLY the 401K contributions made during the marriage until the date of separation plus or minus any gains or losses that occurred on the assets which were purchased with those contributions. Your wife would have no interest in the assets which were purchased with 401K contributions made before the marriage, and no interest in the assets which were purchased with 401K contributions after separation, both of which are your separate property.
    Answer Applies to: California
    Replied: 6/28/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The answer to your question requires consideration of more than just time. The total value of the 401k will be presumed to be "marital property" until you can show what the value of that account was at the time you got married. The difference in those two values will be subject to division with your spouse according to the laws and standards applicable to fairly dividing marital property in Missouri.
    Answer Applies to: Colorado
    Replied: 6/28/2012
    The Law Office of Nathaniel M. Smith, LLC
    The Law Office of Nathaniel M. Smith, LLC | Nathaniel M. Smith
    In Georgia, property that accumulates during the marriage can be divided by the judge between the spouses, but the property that was yours before the marriage is separate property. You should talk with a lawyer about this, and also about whether the sums that accumulated during the marriage were from contributions made during the marriage or from interest on sums that were in the 401(k) before the marriage, and how you go about proving that to a judge or jury.
    Answer Applies to: Georgia
    Replied: 6/28/2012
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    I don't know Missouri law, but in NY she would get 50% of the value of the 401K for the number of months you were married as the numerator over the number of months you contributed to your 401K plan. In other words, if you were in your 401K for 20 years and married during those contributing years for 10 years, she would get 50% of 50%, or 25% of the value of your 401K plan.
    Answer Applies to: New York
    Replied: 6/28/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    She should get half of the ten years portion of the increase in value (deposits + capital gains) of the 401k.
    Answer Applies to: Colorado
    Replied: 6/28/2012
    Ivy Law Group PLLC
    Ivy Law Group PLLC | Ruth Emily Vogel
    Your spouse will get a share of the community property value of the 401k. So, the value of the money put in during the course of your marriage. The amount/percentage of that value varies depending on other aspects of your community and separate financial picture. In Washington the principle for division of community property is "fair and equitable" which doesn't always mean 50/50.
    Answer Applies to: Washington
    Replied: 6/28/2012
    Bruce Plesser | Bruce Plesser
    She may be entitled to a portion of when you were married.
    Answer Applies to: Florida
    Replied: 6/28/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Your spouse is entitled to one half of the community interest in your 401(k). Since 401(k)s aren't divided up on time line approach, you will need to have the 401(k) evaluated to determine community and separate property interests.
    Answer Applies to: California
    Replied: 6/28/2012
    Anderson & Boback | Janice L Boback
    Yes.
    Answer Applies to: Illinois
    Replied: 5/29/2013
    Law Offices of Tobie B. Waxman
    Law Offices of Tobie B. Waxman | Tobie B. Waxman
    During the 10 years you were married and contributing to your 401K, those contributions and any matching funds provided by your employer and any increased in value to the account (assuming it is invested) would be community property. Your spouse would be entitled to 1/2 of the community property interest/value in the 401k. The community ends as of the date of separation, not divorce.
    Answer Applies to: California
    Replied: 6/28/2012
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    In Alabama, the marital portion of a retirement plan is the portion up for division in the typical marriage over 10 years.
    Answer Applies to: Alabama
    Replied: 6/28/2012
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    Your spouse is entitled to the value of your 401k from the date of the marriage to the date of divorce.
    Answer Applies to: New Jersey
    Replied: 6/28/2012
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