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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39144
Experience:  Retired (mostly)
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My husband and I are divorcing. He borrowed out his 401k prior

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My husband and I are divorcing.
He borrowed out his 401k prior to our marriage to pay for our house and wedding. Is this 401k open for divison? Am I entitled to half of that as well since it was replaced with marital funds?

If the 401(k) assets can be traced to contributions of marital property, then the retirement account would be subject to equitable/fair division by the court.

Earnings of either spouse during marriage are marital property, so if the 401(k) has been replenished by postmarital earnings, then the account is divisible between the parties at divorce.

Please let me know if this answer is helpful. And, thanks for using!
socrateaser and 2 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
So, if he spent the money on our wedding, obviously premarital, is that open for division?
It would only be subject to division in extraordinary circumstances. However, if the money spent has been replaced into the 401(k) after marriage, using earnings during marriage, then that money would be divisible.

Hope this helps.