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#184672 - 01/19/07 08:03 PM half my 401K after only a year?
mimicrain Offline
recently joined

Registered: 01/19/07
Posts: 18
My husband and I have been only married for a year. He does not work, nor is he a stay at home dad. Will he be entitled to half my 401k and retirement fund?

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#184673 - 01/19/07 09:28 PM Re: half my 401K after only a year? [Re: mimicrain]
spinnerdegrassi Offline
Carpal \'Tunnel

Registered: 08/20/06
Posts: 8221
At best, maybe 1/2 of what accumulated during the marriage, and even that's a long shot.

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#184674 - 01/20/07 02:53 AM Re: half my 401K after only a year? [Re: spinnerdegrassi]
Maury Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 8182
Loc: This Asylum --->
The answer is likely "no."

State laws vary. All states have categories of what are considered non-marittal assets. Those are assets that are not divided in a divorce and which are yours or ihis. In many states, premarital assets are included in that category. In such a state, only that portion of an asset that was acquired during the marriage is marital. In fact, in some states, appreciation on the non-marital portin during the marriage may still be non-marital. Minnesota is such a state.

In some states, premarital assets are not included as non-marital assets. That does not mean you are out of luck. Even in those states, statutes generally allow a party to argue that they should get a greater share of any asset that they used their efforts solely to acquire or maintain. The end result is roughly the same.

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