Divorce Solutions

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

In general, under NY’s 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.

In general, under NY’s 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.