Divorce and 401k

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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
marriage?

Asked on August 17, 2017 under Family Law, New Mexico

Answers:

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.


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