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401K division issue

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sittinpretty

Junior Member
What is the name of your state? MI
My divorce is final. I was awarded half of my ex's 401k and 457 benefits. My atty, his atty, and the guy I hired to do the split, don't seem to know whether I am to receive 1/2 of the total balance, or half of the amount that accumulated while we were married. My divorce decree reads as follows: IT IS FURTHER ORDERED AND ADJUDGED THAT PLAINTIFF'S EMPLOYER PROVIDED 401K AND 457 PLAN INTERESTS, WHICH ACCRUED DURING THE MARRIAGE, SHALL BE EQUALLY DIVIDED AS OF THE DATE OF THIS JUDGEMENT. My atty say that "accrued during the marriage" is used as a grammatical modifier and is only meant to describe the fact that the funds were saved during our marriage. Is there a specific law that governs this language?
 


nextwife

Senior Member
MY understanding is that half of the MARITAL ASSETS are split. The account amount before the marriage is a premarital asset. Whatever you or he stashed away in your respective accounts before the marriage should not be subject to division.
 

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