Legal Question in Family Law in Minnesota
My husband and his ex wife were married for 5 years and the divorce decree states that she is to recieve 5 years and 8 months (which they call her marital portion) of his 401 k retirement plan. Our question is, is she still entitled to this even after she remarries? We live in Minnesota and my reason for mentioning that is becuase we are aware that all states differ. But from your knowledge, do you know what this protocal usually is ? Thanks in advance for your time,
Ben and Liz Hall.
2 Answers from Attorneys
Your husband's ex-wife is entitled to whatever the divorce decree states. From your description, this is a property settlement and the ex-wife is due her full proportion (marital portion) of the property. In Minnesota, some parties agree to spousal maintenance and that can end upon the remarriage of the ex-spouse receiving the spousal maintenance. Spousal maintenance is based upon need and is not the division of property (although sometimes a spouse can receive more property in lieu of spousal maintenance).
Yes, she is entitled to it if she remarries. It is part of the property settlement and is not spousal maintenance. The plan should likely be divided by a separate Qualified Domsetic Relations Order (QDRO).
For family law issues in Minnesota visit divorceprofessionals.com
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