Legal Question in Family Law in Georgia
401k
I have a 401K fund that I am required to split because of divorce. I have calculated the non-marital portion of my fund (funds contributed prior to marriage) and do not think she is due any of those non-marital funds. My spouse wants 50% of the entire fund because some years ago she cashed in her 401K fund which had some non-marital portion as well. Can that legally be considered - or does the law only require you to divide assets that were there on the date of separation? Her 401K was cashed years ago, and went towards helping support the family as she did not want to work.
1 Answer from Attorneys
Re: 401k
The court would take all facts into consideration, but it will probably be more of a matter of negotiation between you and your spouse. So, there is no standing rule that would preclude consideration.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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