Do I get half of my husband's ESOP if we get divorced?
My husband has an ESOP that he had from a previous employer before we got married. He is now able to take out 20% every year for the next 3 years. If we get divorced, am I entitled to half? We have only been married for 2 years.
You are only entitled to a retirement fund that was active during the marriage. If he had the ESOP prior to marriage and it is not in distribution mode you are most likely not entitled to anything from the ESOP. No marital funds went into the ESOP so no entitlement.
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Probably not since he had it prior to marriage and you were only married 2 years.. Seek local legal consultation.This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
