Legal Question in Family Law in Pennsylvania
Spouse Entitlement to 401k in Divorce
In the case of divorce is one spouse legally entitled to a portion of the other spouse's 401k even if receiving spouse made no contribution to that 401k? My currently unemployed husband claims that he would not want any of my 401k but I think the courts have last say on who gets what.
1 Answer from Attorneys
Re: Spouse Entitlement to 401k in Divorce
Yes, a 401(k) is consider marital property. That said its subject to the coverture fraction. That is the number of months you were married divided by the total number of months you were in the 401(k). You then take that fraction and multiple it by the percentage used for equitable distribution.
Now there is a way to keep him to his word. That is you and he could file an agreement as part of the divorce as to how to divide your marital property.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
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