Alpharetta, GA asked in Divorce for Florida

Q: Married 8 yrs living in S Florida would my husband be entitled to my 401K/savings?

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1 Lawyer Answer
Mr Eric Klein
Mr Eric Klein
  • Boca Raton, FL
  • Licensed in Florida

A: To answer your question directly, yes. But only to that part that accumulated during the marriage. Take a look at the balance of the account on the date of your marriage and the balance today. Subtract the two. If you were to file for divorce today, he would be entitled to 1/2 of the appreciated value. For example:

Married on 2/14/2014: 401(k) was $50,000.

Filed for Divorce 2/14/22: 401(k) is $100,000.

The appreciated value during the marriage is $50,000. He would be entitled to 1/2 of the appreciation or $25,000.

I hope this was not too complicated. Good luck!

Rand Scott Lieber agrees with this answer

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