Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #225:
In a divorce, what are the percentages in NY my wife is entitle to from my 401k?

Thank you

Leonard M. Weiner, Esq./Divorce Solutions
Answer:
In general, under NYs Equitable Distribution Law, a spouse is entitled to approximately
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.

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