the State is Pennsylvania
2006-06-26 15:38:03 · 7 answers · asked by funlady6632@yahoo.com 6 in Family & Relationships ➔ Marriage & Divorce
ty machiko....It's my 401K that i'm concerned with... My income has always been higher than his so I'm not looking to see what I can get from him but what I can keep that is mine.
2006-06-26 20:16:52 · update #1
funlady,
Yes. I'm not an expert on PA law, but in most states, there are "marital" and "non-marital" assets. Basically, marital assets are those that were acquired during the marriage. This includes money parked away in 401Ks, and other retirement plans. Stuff that isn't marital is stuff that is willed from an estate, or assets that were brought into the marriage, for example, if one partner fully owned a house before you got married, or had a stock fund.
The issue gets a little tricky if one of you had a 401K before you got married, then added to it during the marriage. That's where accountants come in.
Ahhh...divorce.
Good luck,
C
2006-06-26 15:46:21 · answer #1 · answered by chuck_jax 3 · 2⤊ 1⤋
All property, regardless of how it is titled, acquired during the marraige is marital property. Houses purchased during the marraige, regardless of how titled, are marital property. Likewise, one spouse's pension, profit sharing, deferred compensation and employee savings plans, as well as one's 401(k)'s and IRA's are marital property and will be divided by the Court. The fact that only one spouse may have "earned" these benefits at an out-of-the house job does not mean that the at-home spouse does not share in these accounts.
http://www.divorcenet.com/states/pennsylvania/pa_art06
2006-06-26 15:47:01 · answer #2 · answered by voyager01964 2 · 0⤊ 0⤋
Pennsylvania is not a community property state. There are only nine states that are. Sorry.
2006-06-26 16:56:37 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, if you live in a community property state.
2006-06-26 15:42:39 · answer #4 · answered by dixie_til_i_die 5 · 0⤊ 0⤋
Do not knw about PN buut it is in KY. I was married to my ex for 7 years and got half of his 401K
2006-06-26 15:44:03 · answer #5 · answered by Layla 6 · 0⤊ 0⤋
Not sure ask your attorney. It is in Iowa I know.
2006-06-26 16:50:05 · answer #6 · answered by babygirl_k2001 4 · 0⤊ 0⤋
Yes it is.
2006-06-27 08:29:50 · answer #7 · answered by dbender705 2 · 0⤊ 0⤋