I Have Contributed To A 401K Throughout My Marriage, Now Contemplating A Divorce, Do I Have To Divide This With My Spouse?
Today’s question comes to us from Josue, and it is regarding his 401k and his pending divorce.
Josue is going through a divorce or contemplating a divorce. He has a 401k that he says that he has contributed to throughout the marriage, and it is his and his alone and he should not have to divide this with his spouse during the divorce.
To address this issue and if you have a similar issue, a 401k, an employer benefit plan, an IRA, a SEP, anything that is for retirement purposes, that has been contributed to during a marriage, is considered community property in the state of Nevada and therefore, it is subject to equitable division upon a divorce.
It doesn’t matter who earned it.
It doesn’t matter whose name is on it.
If it has been contributed to during the marriage, both parties are entitled to an equitable division of any retirement plans. The only way that you can avoid this, is if you have some sort of a prenuptial agreement, or a postnuptial agreement, that delineates your separate account and keeps them separate during, based on this agreement. That is the only way to avoid getting your 401ks, or any retirement accounts, equitably divided during a divorce, if it has been contributed to during the divorce.
Remember, Nevada is a community property state. Any asset, any debts that you accumulate during the marriage are subject to equitable division. I hope this has answered this question.
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