Miami, FL asked in Divorce for Florida

Q: If I got married in 1991 and sperated in 1992 and finally got divorced in 2011 and remarried someone else in 2017 and st

Started a city job with 401k in 2019 does my first wife have claims on my 401k

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2 Lawyer Answers
Camila Martin
PREMIUM
Camila Martin
Answered
  • Miami Lakes, FL
  • Licensed in Florida

A: Funds that are contributed during the marriage to the 401(k) are considered marital and are subject to equitable distribution during a divorce. If you divorced your first Wife before making any contributions to the 401(k) she will not have the right to claim any portions of it post-divorce. However, your current Wife most likely will be entitled to a portion of your 401k if you ever divorce.

DISCLAIMER: The answer provided here do not constitute legal advice. Any statements made are based on the limited facts you have provided and are general statements that might not be applicable to your case based on other factors. We do not have an attorney-client relationship and you should consult with a local attorney. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in the State of Florida. Camila Martin, Esq.

Terrence H Thorgaard agrees with this answer

Opal Phiona Lee
PREMIUM
Opal Phiona Lee
Answered
  • Fort Lauderdale, FL
  • Licensed in Florida

A: Your first divorce ended in 2011 - there are several dates the court can use when valuing valuing or classifying assets - for example the court may use the date of separation, the date of filing the petition or even the date of the final judgment. You have not stated whether the 401k had accrued while you were still married to the first spouse. Nevertheless, I would strongly advise you to schedule a consultation with a divorce attorney to obtain advise specific to your situation.

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