Q: Are your spouse entitled to half of your 401k
A: In Florida, the division of assets during a divorce is subject to the principle of "equitable distribution." This means that marital assets and liabilities must be divided fairly, though not necessarily equally. Whether your spouse is entitled to a portion of your 401k depends on whether the funds are considered marital or non-marital assets. Generally, any contributions to your 401k made during the marriage are considered marital property and are subject to equitable distribution. Contributions made before the marriage are typically considered non-marital property. The court considers several factors to determine what constitutes an equitable distribution. These factors include the duration of your marriage, your and your spouse's financial circumstances, contributions to the marriage, including homemaking and childcare, any interruptions or sacrifices made to one spouse's career or education for the benefit of the marriage, and other factors necessary to achieve a fair distribution.
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.
