Legal Question in Family Law in Minnesota

I had a 401K prior to my marragie 3 years ago. Would my wife be entitled to half of the pricinple of the earnings since our marriage. This is for divorce purposes.


Asked on 11/16/09, 5:45 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Thank you for the post.

All property is presumed marital in a divorce. It is up to the person claiming a different division to present evidence in that regard. With resoect to a 401K, you would have to present evidence regarding the balance of the 401K on the date of marriage and any documentation of the passive appreciation/depreciation (increase or decrease due to market forces) on that amount during the marriage.

For Minnesota issues visit divorceprofessionals.com or call 612.240.8005.

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Answered on 11/23/09, 11:46 am


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