Is my spouse entitled to my 401(k)?


#1

Hello,

I opened up my first 401(k) after my separation. We split the bank accounts 50/50 when we separated.
Would my spouse be entitled to half of my 401(k) money, even if it was ‘understood’ that our money was separate when I moved out?


#2

Assuming the funds in your 401(k) were earned after the date of your separation, then no, your husband is not entitled to half of your 401(k). Only marital property is subject to equitable distribution (being divided among the spouses), which is an asset acquired between the date of marriage and the date of separation.