clarification on 401k growth during marriage

[Johndeere720]

What is the name of your state? OHIO

Late last week I asked a question about a 401k which I had before marriage, but continued to contribute to during the marriage. LDIJ responded, but I need more clarification, please.

At the date of the marriage, there was 50k in the 401k. That original 50k has grown to 65k now, but it is part of a total 104k in the plan. The marriage was 4 years.

I asked if that 65k is marital property - i.e. is the growth on premarital 401k balance marital or separate property?

LDIJ said "that is not how it is usually done"...what does that mean....how is a 401k split....

More info: I am older and have this 401k with a balance of 104k, her 401k is 5k.....

Thanks!

[Bali Hai]

Originally Posted by Johndeere720

What is the name of your state? OHIO

Late last week I asked a question about a 401k which I had before marriage, but continued to contribute to during the marriage. LDIJ responded, but I need more clarification, please.

At the date of the marriage, there was 50k in the 401k. That original 50k has grown to 65k now, but it is part of a total 104k in the plan. The marriage was 4 years.

I asked if that 65k is marital property - i.e. is the growth on premarital 401k balance marital or separate property?

LDIJ said "that is not how it is usually done"...what does that mean....how is a 401k split....

More info: I am older and have this 401k with a balance of 104k, her 401k is 5k.....

Thanks!

ALL earnings or contributions to your 401k during the marriage are marital property.

[LdiJ]

Originally Posted by Johndeere720

What is the name of your state? OHIO

Late last week I asked a question about a 401k which I had before marriage, but continued to contribute to during the marriage. LDIJ responded, but I need more clarification, please.

At the date of the marriage, there was 50k in the 401k. That original 50k has grown to 65k now, but it is part of a total 104k in the plan. The marriage was 4 years.

I asked if that 65k is marital property - i.e. is the growth on premarital 401k balance marital or separate property?

LDIJ said "that is not how it is usually done"...what does that mean....how is a 401k split....

More info: I am older and have this 401k with a balance of 104k, her 401k is 5k.....

Thanks!

Normally the amount of a 401k that accrues during the marriage is considered to be marital property. Normally that is both new additions and appreciation.

However, you can certainly try to negotiate something different, and a good attorney might even be able to convince a judge to order something different.