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clarification on 401k growth during marriage

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Johndeere720

Junior Member
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

Senior Member
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

Senior Member
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.
 

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