FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY
In a divorce, what are the percentages in NY my wife is entitle to from my 401k?Answer:
Leonard M. Weiner, Esq./Divorce Solutions
In general, under NY’s Equitable Distribution Law, a spouse is entitled to approximatelyBack to content
50% of all marital property regardless of in whose name the property is held. That portion of your 401K that was earned during the course of the marriage is marital property.