Legal Question in Family Law in Kentucky
My wife and I are divorcing after 16 years. We live in Kentucky. Is she entitled to half of my 401k plan? She has always worked and never contributed to her retirement plan. My account balance is much larger than hers, too.
Asked on 3/30/10, 4:35 pm
1 Answer from Attorneys
Gregory Napier
Troutman & Napier, PLLC
In Kentucky, whatever contributions are made to a retirement account during the marriage are considered marital. If you contributed to the 401k prior to the marriage then that would be non-marital. So, the short answer, assuming all the contributions were made during the marriage, is yes, she is entitled to half. However, it is usually more complicated and there are off-sets and other marital assets and debts to look and try to work out an equitable division of property.
Answered on 4/05/10, 6:29 am
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