Are You Entitled to Part of Your Spouse’s Retirement Account?
As an experienced New Jersey Divorce Attorney, I am often asked if you are entitled to part of your spouse’s retirement account in divorce.
- You are entitled to share in your spouse’s retirement assets because anything, including retirement assets, acquired from the date of your marriage to the filing date of the complaint for divorce is an asset to which you are entitled.
- If your spouse worked for 20 years before you got together and has a large 401K from before your marriage, you’re not entitled to a distribution of that; however, if money from that 401K is used for the marriage, it may become part of the marital pot. The rule is simple. A retirement asset earned during the marriage will be subject to distribution.
- Worst case scenarios involve teachers, firefighters, and law enforcement officers because their retirement assets are years in the making. It can be very difficult to split that asset and identify the portion to which their spouse is entitled to 50%.
Do you want to know how much of your spouse’s retirement account you will be able to collect after divorce? Contact dedicated New Jersey Divorce Attorney Christopher Leon Garibian.