I'm Lucy, and I'd be happy to answer your questions today.
A spouse is automatically entitled to one half of any 401(k) contributions that occur during the marriage, whether they're married 1 day or 40 years. This is because all earnings during the marriage are marital property and are subject to equitable distribution
There is no amount of time that would give a spouse entitlement to 401(k) assets deposited before the marriage began, absent a prenuptial agreement
or other written agreement that says so. However, in a long term marriage, a spouse may be able to request alimony
from the other spouse. The judge will consider 401(k) income when deciding whether to award support and how much.
Usually, a long term marriage is considered to be 10 years, but a person who cannot support himself or herself is allowed to request spousal support
no matter how long they've been married. There isn't a bright-line rule.
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