Divorce and 401k
Get Legal Help Today
Secured with SHA-256 Encryption
Divorce and 401k
I was wondering what’s the New Mexico law on
dividing 401k? If the other is asking for half is it only
the half that was acquired during the years of
Asked on August 17, 2017 under Family Law, New Mexico
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
The law in your state - as in all states - is that spouses are entitled to 50% of retirement benefits earned during the marriage. The good thing about a 401K is that you can easily make the determination. So take the date of the marriage as a starting point and the date you filed for divorce or the date agreed to as the date that the marriage ended and see what falls between. That is the marital portion. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.