Are You are Entitled to Your Spouse’s Retirement Account In NJ
The question clients often ask me as an experienced New Jersey Divorce Attorney is, “Am I entitled to my spouse’s retirement assets?” The answer is yes, you are. Anything, including retirement assets, acquired from the date of your marriage (whether the ceremony was civil or religious) to the date the complaint for divorce is filed is an asset to which you are entitled.
Let’s say your spouse worked for 20 years before you got together, and that spouse has a large 401K from another company. You’re not entitled to a distribution of that. That’s the first step. If that spouse uses the 401K acquired before the marriage, for the marriage, that asset may become part of the marital pot. The general rule is pretty simple, pretty straightforward stuff. If a retirement asset is earned during the marriage, it will be subject to distribution.
The worst case scenarios I have found involve teachers, firefighters, and law enforcement officers. For these individuals, retirement assets are years in the making. Oftentimes, those individuals have a very difficult time splitting that asset and determining what their spouse is entitled to 50% of. The general rule is that retirement assets earned during the marriage are going to be part of the marital pot, and your spouse is entitled to a piece of that.
Are you going through a divorce and want to know how your retirement or pension is divided? Contact New Jersey Divorce Attorney Christopher Leon Garibian for help.
Christopher Leon Garibian, Esq. is a partner in the matrimonial and family law department of Weiner Law Group LLP. He has over 19 years of experience handling a multitude of Divorce and Family Law Matters throughout New Jersey. He is passionate about family law and takes pride in his ability to effectuate real change in the lives of his clients. He is certified by the State Supreme Court of New Jersey as a Matrimonial Attorney. If you are in need of an experienced Divorce Attorney or Family Law Attorney in NJ, contact us today for compassionate, long lasting legal solutions.