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I wondering how my 401K will be divided in my divorce, from a 15 year job. I was only married for the last 5 years of this job but investing into the account for 10 years "before" my marriage started. So, after 5 years with the company, I'm fully vested for the last 10 years of employment. My ex is claiming that she is intitled to half of 5/10 (5 of 10 years vested) instead of 5/15 (5 of 15 years investing). In other words, if there is $50k earned over 15 years, she is saying it was earned over 10 years (10 years vested). Therefore she gets a bigger chunk of the money.
What is the correct way to divide this? Thanks for any help.
I wondering how my 401K will be divided in my divorce, from a 15 year job. I was only married for the last 5 years of this job but investing into the account for 10 years "before" my marriage started. So, after 5 years with the company, I'm fully vested for the last 10 years of employment. My ex is claiming that she is intitled to half of 5/10 (5 of 10 years vested) instead of 5/15 (5 of 15 years investing). In other words, if there is $50k earned over 15 years, she is saying it was earned over 10 years (10 years vested). Therefore she gets a bigger chunk of the money.
What is the correct way to divide this? Thanks for any help.