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

Asked almost 2 years ago - New York, NY

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

Attorney answers (6)

  1. Matthew Thomas Majeski

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . 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... more
  2. Lori Noel Bovee

    Contributor Level 13

    6

    Lawyers agree

    Answered . 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,

  3. Michael Colin Barrows

    Contributor Level 12

    6

    Lawyers agree

    Answered . 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.
    BARROWS & TEHRANI, PLLC
    Attorneys at Law
    369 Lexington Avenue, 2nd Floor
    New York, New York 10017
    Tel. (646) 237-7850
    Fax. (646) 619-9312
    www.BarrowsTehrani.com
    www.NewYorkDivorce.info

    Please be advised that the information contained herein is provided for educational purposes only and is not... more
  4. Jayson Lutzky

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  5. David Alexander Browde

    Pro

    Contributor Level 20

    3

    Lawyers agree

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

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  6. Susan Kathleen Duke

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,681 answers this week

3,238 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,681 answers this week

3,238 attorneys answering