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How long do you have to married before your spouse is entitled to your 401k plan

Orangeburg, SC |

My wife and I have been married for 5yrs but we only spent the first 2yrs together will she be entitled to my 401k? If so what percentage will it be

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Attorney answers 1


Any asset that is accued during your marriage is generally treated as marital. In other words, any portion of your 401K that is acquired diuring the marriage thorough your contribution or a matching a cintribution of your employer is considered marital.

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