The portion of the 401k that was attributable to premarital earnings, and the interest on those funds, is considered separate property and will retain their separate property ownership.
Separate property of spouse.
Property and pecuniary rights owned by a spouse before marriage and that acquired by him or her afterwards by gift, bequest, devise, descent, or inheritance, with the rents, issues and profits thereof, shall not be subject to the debts or contracts of his or her spouse, and he or she may manage, lease, sell, convey, encumber or devise by will such property without his or her spouse joining in such management, alienation or encumbrance, as fully, and to the same extent or in the same manner as though he or she were unmarried.
However, such separate property can be considered when the court is determining spousal support; generally if a spouse cannot work due to health reasons, the other spouse will be ordered to pay either periodic or lump sum alimony in order to ensure that the party is able to live at the standard of living achieved during marriage.
This allows the court to take into consideration premarital property for purposes of spousal support.
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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.