40iK in Divorce

[Eckdar]

My wife and I have been married for 23 months. We actually lived together for 11 of the 23. She filed for divorce. Is she entitled to any of my 401K?

[Attorney Cheri Hobbs]

The general rule is that both parties are entitled to 50/50 of any assets or liabilities acquired during the length of the marriage. It is not the period of time living together but the actual length of the marriage. Arguments can be made for either side as to whether or not the other side is entitled to the portion of increase in your 401(K) from the date of marriage to the date of filing the petition for dissolution/separation/final hearing. Your attorney will argue what is in your best interest and the other side will argue for their client.

Attorney Cheri Hobbs