I Had a 401(k) Before Marriage – Does This Mean It Is Separate Property?

Here is an example of a scenario I see often: In 2005, Spouse 1 (who is single at the time) begins contributing to his employer-sponsored 401(k). Spouse 1 and Spouse 2 get married in 2012. At the time of marriage, the balance of Spouse 1s 401(K) is $100,000. Unfortunately, Spouse 2 files for divorce in […]

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