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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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In Louisiana how many years of marriage before the spouse is

Customer Question

In Louisiana how many years of marriage before the spouse is entitled to the other spouses 401k plan?
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.
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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