Legal Question in Family Law in Iowa

I am headed for divorce soon. I have 401 k that was started before we were married, and continued through out the marriage. When we divorce do I have to give him half of it?


Asked on 1/28/14, 7:38 am

2 Answers from Attorneys

Robert Luedeman solo practitioner

That's a discussion you need to have with your attorney who is representing you. It may be that what was contributed before you were married is not property of the marital estate.

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Answered on 1/28/14, 9:59 am
Lana Luhring Laird & Luhring

Generally speaking the marital portion of a 401(k) is divisible. That means that the part which was acquired during the marriage can be divided. There are some other unique situations, which may be an exception to this general rule. However, if you are headed toward a divorce you may want to discontinue contributions now and pick them up following your divorce. Perhaps you have debt or other current obligations that could be serviced by those funds. Seeking legal advice can help you make those decisions.

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Answered on 1/30/14, 10:03 am


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