Been Married since 4 years.
Wife doesnt work.
Have multiple 401K accounts from different employers
Have around 200K in one of those accounts and have not contributed anything to that account after getting married.The value only increases due to the increases in the mutual fund prices that the account is vested in and the dividends that are received.
Now it looks like marriage wont last and we may file for a divorce.
Will that 401K account be considered a pre marital asset hence immune to equitable distribution?
She certainly could be entitled to a portion of it that accrued during the course of the marriage. However, this is something that could be argued that she should not be entitled to. I highly suggest that you consult with an aggressive attorney to represent your interests in this regard. Best of luck
The general rule is that anything that accumulates from the date of your marriage to the date the complaint is filed, or to the date that you reach a written settlement, whichever is sooner, is subject to equitable distribution. Anything premarital that was not co-mingled, and anything that accumulates after the date of complaint or settlement date (whichever is sooner) is not subject to being divided.
I would strongly urge you to seek a consultation with an experienced matrimonial attorney who can gather all of the facts specific to your marriage and give you the appropriate advice based upon those specific facts. You will do yourself a disservice attempting to represent yourself if you are not familiar with the law and with procedure. I wish you luck in resolving your issues.
Based on the limited information you have provided it would appear that the 401K funds you are referencing are a pre-marital asset and the same will be immune from equitable distribution.
Generally, any asset amassed prior to the marriage that is not commingled (placed into joint name) will remain immune from equitable distribution. Even if you had made contributions to the subject 401K during the marriage, that part of the current balance that exists from pre-marital contributions will remain immune from equitable distribution.
Best of Luck,
Kenneth A. White, Esq.
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
Only that portion acquired during the marriage are subject to distribution in a marriage.
If it is solely premarital, then it sounds like it is seperate property. I strongly suggest you speak to an attorney to discuss your entire matter.
This information does not constitute Attorney-Client Privilege. Please speak with an attorney before representing yourself in Court, even if its just an in person consult.
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