Legal Question in Family Law in New Jersey

Re: premarital 401k account/divorce and growth

Hi,

You will actually have to get the 401k appraised, and your soon to be ex-wife is entitled to the coverature vaule. You would be entitled to exclude any premarital balance, but it is a little more complicated than just deducting the $60,000 from what your statement shows.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: premarital 401k account/divorce and growth

A premarital assets that grows in value without contribution during the marriage is not subject to equitable distribution in a divorce. It is only your contribution to your 401K during the marriage and the growth attributable to that contribution which is subject to equitable distribution in a divorce.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: premarital 401k account/divorce and growth

Don't you have a lawyer? You should be asking him or her this question. If you don't have one, you should get one ASAP as it sounds like you have a lot of issues.

The real answer to your question is that this case is going to probably settle and someone will get paid a certain number. How that is paid and how much it is paid has to be determined so you can't think of things in a vacuum as it depends on what else is out there. Thus, even if she has no right to your 401K, she may still wind up getting it because either you want to just settle and move on, or it makes more sense that giving her something else, i.e. alimony.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.