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If We Both Have Good Careers, Does My Spouse Have Any Claim On My 401(k) In Our Queens Divorce?

Your spouse may have a claim on some portion of your 401(k) even if you both have good jobs and substantial earning power.

It will depend on a number of factors, including the length of the marriage, your ages and incomes, and the value of each spouse’s retirement savings.

If you’ve been putting a lot of your money into a retirement plan while your spouse has been putting more of their earnings toward shared spending like food, housing, and utilities, it may make sense that your spouse should receive a portion of your retirement savings.

On the other hand, if your retirement accounts are approximately equally funded and you earn similar incomes, there may be no reason to open up the discussion about the distribution of retirement savings.

Whether and how it’s ultimately addressed will be decided by the particulars of your situation and your spouse’s.

The attorneys at Zelenitz, Shapiro & D’Agostino can help you understand your situation and develop strategies that protect more of what’s yours.

Call us today at 718-523-1111 to speak to an experienced Queens divorce attorney for free.