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Does she get half my 401k?

Fishers, IN |

I have had it for 9 years. We have been married for 4.5. Problem is, it didn't do anything (actually lost money) the 4.5 years BEFORE i got married. Is there a term for giving her HALF of 4.5/9ths of the total of the 401k?

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Attorney answers 1


Generally your spouse will be entitled to a portion of the 401k based upon the time you participated in the plan during marriage. Her portion will be calculated based on the contributions made during the marriage and the earnings on those contributions. It does not necessarily mean she is entitled to half of the account value or even half of what was contributed and earned during the marriage. You should speak with a local divorce lawyer about your options.