If my wife is demanding 1/2 my retirement savings 401k, do I have any option other than surrendering my retirement?

We have been married 7 years. there is no debt to divide.

Asked on February 12, 2016 under Family Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your wife has no claim to that portion of your retirement which represents your income before marriage or after the marriage ends.  Her claim is limited to a portion of your retirement that represents your income during the seven years of your marriage.

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.