LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

Divorce Solutions

(212) 370-1660

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Daily Question & Answer

Question #225

In a divorce, what are the percentages in NY my wife is entitled to from my 401k? Thank you.

In general, under NY’s Equitable Distribution Law, a spouse is entitled to approximately
50% of all marital property, regardless of whose name the property is held.

That portion of your 401K that was earned during the marriage is marital property.

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