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
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
