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I've been married for 10 yrs. If I file for divorce is my husband entitled to my 401K & pension plans?

New York, NY |

Additionally, we don't have joint bank accounts or credit cards. These were always kept separate.

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Attorney answers 6


He would be entitled to 1/2 of the marital portion of your pension and 401k, ie what was earned during the marriage. You may be able to negotiate a waiver though. You should consult with a local divorce attorney before doing anything. Good luck,


I agree with counsel. Generally, retirement accounts that accrue during the marriage are considered marital assets. You would be well advised to get an NY family attorney to help you with this.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.


It depends upon when the 401k and pension plan benefits were earned. Consult a local divorce attorney and discuss the situation in detail.

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I agree with counsel. Generally speaking you are entitled to half of marital portion of 401k and pension.

As for the bank accounts and credit cards, the niceties of title are usually disregarded. There is a presumption that debt and assets, including bank accounts, accumulated during the marriage are marital property. Again this is the bright line rule. If the property was truly kept separate then you may rebut the presumption. You should hire a competent divorce attorney to handle this divorce. Especially in light of the assets involved.
Michael C. Barrows, Esq.
Attorneys at Law
369 Lexington Avenue, 2nd Floor
New York, New York 10017
Tel. (646) 237-7850
Fax. (646) 619-9312

Please be advised that the information contained herein is provided for educational purposes only and is not intended to be legal advice. Further, in the absence of a signed retainer agreement or letter of engagement between the recipient hereof and the author, the transmission of this information does not create an attorney-client relationship.


Yes you are both entitled to a share of the pensions and 401K plans earned during the marriage. speak to a local experienced matrimonial lawyer for help.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


Yes, he is entitled to 1/2 the contributions made and interest on those contributions during the marriage. Also, it does not matter whose name the bank accounts and credit cards are in. These are all presumed to be marital debts and assets.

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