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My 401k in a divorce

Cedar Falls, IA |
Filed under: Divorce

I have been married for 2 and a half years. Is my spouse entitled to my 401k and stock in a divorce? I live in Iowa

Attorney Answers 2


  1. Your question is too short on detail to provide a very meaningful answer. As a general rule no spouse is entitled to all or part of any specific asset in the property division of a divorce. Property owned by one spouse prior to the marriage is almost always not a part of the division, but the rest will be "equitably" divided, taking liability for debts into account. Due to the relatively short term of your marriage, your 401k and stock may be considered part separate/part marital based on acquisition factors.

    Nothing short of a full case review and property analysis by an experienced divorce practitioner in your city will meet your needs. The sooner you avail yourself of these services, the more acceptable will be your result.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.


  2. You need to ask a local attorney that question in person. Generally speaking the spouse is only entitled to 1/2 the marital portion of the 401K and stock. that would be the portion that was earned during the marriage and NOT before the marriage. There are exceptions to this rule so do not rely on this advice without speaking to a local divorce attorney who has expertice in marital property and asset distribution.

    IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.

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