Coverture Fraction


#1

In response to the coveture fraction. What if I contributed to my 401k at a 5% rate during my “marriage” and have contributed at 20% rate post separation. Although you say the coveture fraction accounts for this, it really doesn’t if I have increased my contribution percentage - does it? Or are you saying the contributions post separation are separated and then the coverture fraction is applied???

I am confused since I have a premarriage contribution I am wanting to separate and a post marriage I am wanting to separate…

I could see where it worked perfectly with all things equal but not if I increased contributions.

Erin Clarey’s reply below:The coveture fraction works as follows:
Your ex’s entitlement is one half of the total martial portion of the retirement account. The coveture fraction is applied which is as follows: The total number of months employed divided by number of marital months (230) and the multiplied by 50%.
Any contributions you have made since you separated are separated and accounted for in the coveture fraction.


#2

Any amount you have contributed after the date of separation is separate.
In your case, rather than using the coveture fraction, the account should be divided as follows:
You will need to produce a date of marriage statement showing what you had in the account when you were married. That amount and any growth on that amount is separate and will not be divided. You will likely need to have your accountant determine how much of the passive growth on the account is attributable to the portion you saved prior to the marriage.
The amount in the account on the date of separation, less the amount that you can trace as your separate property will be divided equally between you and your spouse, minus any passive losses (or plus any passive gains) from the date of separation to the date the account is actually divided.