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As a non profit organization commited to assisting and supporting men and women through their divorce transition, we will answer any questions -from how to get yourself on your feet after being served with divorce papers, questions to ask your lawyer, how to appeal or modify your judgement and the different ways to end your marriage to how to empower and care for yourself, the benefits of joining a support group and how to manage your divorce process. Please note that we are not lawyers, financial advisors or therapists. The information given is intended to provide you with direction towards resources, websites, and answers that can help you through your transition.

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You are here:  Experts > Parenting/Family > Step-Parenting > Divorce Issues > 401k split

Divorce Issues - 401k split


Expert: Equality in Marriage Institute - 6/15/2006

Question
i have been married for 2 years and in the starting of my devorce. i live in maryland and was wondering what is the equitable distribution rights of my 401k account. is my spouse intitled to any share or not.

Answer
Dear Scott,

Sorry for the delay getting back to you. The first place to look for your answer is http://www.courts.state.md.us/family/forms/domrellist.html
they have forms and instructions- there may be some information regarding retirement plans.

A 2 yr marriage is fairly short, if anything she may be entitled to half of what was made on the 401K during the 2 years of marriage. Consulting with your lawyer would most likely be the best route in coming up with a fair and legal distribution.

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