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Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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I live in NH. When I married 7 years ago, I had a 401K/403B

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I live in NH. When I married 7 years ago, I had a 401K/403B worth 150,000. It is now worth 300,000. If I were divorce, would I have to give my husband half of this? Or, would it be only on the gain? Or none at all.
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In New Hampshire, unlike most states, the law presumes that all of the spouse's assets, are marital assets be divided equally. However the court will consider arguments regarding whether an unequal distribution would be more fair. One of the factors the court would consider is the fact that you came into the marriage with the 401(k)
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