Pension and 401k

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Pension and 401k

I was marry in 1995 in Maryland and separated in 2003. Wife is filing for divorce and she wants half my pension and 401k. My Chrysler Pension was established 11 years before the marriage and my Ocean Spray 401k was started in 2007 after the separation. What is she in title to or percent?

Asked on July 28, 2017 under Family Law, New Jersey

Answers:

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

Answered 3 years ago | Contributor

Your wife can only claim a portion of your pension which represents income during marriage.  She has no claim to your pension which represents income before marriage or after separation.
Your wife has no claim to your 401k since it started after separation.


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