Legal Question in Family Law in New York

ny law

is there a set amount of time a couple is married before the one spouse is entitled to the other spouses 401k during a divorce


Asked on 1/22/07, 9:15 pm

1 Answer from Attorneys
Andrew M. Ayers Law Offices of Howard B. Felcher

Re: ny law

There is no set time. Technically, the spouse is entitled to 50% of the 401k for the period from the date of marriage to the date the divorce action is filed. The Court has discretion to deviate from a straight 50/50 split of that amount if other factors are present.

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Answered on 1/22/07, 9:23 pm


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