As an experienced Saratoga Divorce Attorney, clients often ask how a retirement account is divided if it was started before the marriage.
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- Funds held in a 401K or profit sharing plan prior to marriage remain separate funds and will not be divided in the divorce.
- Issues may arise around the premarital portion versus what went into the plan since the marriage. If a sizeable sum was invested in the plan, it may have appreciated in value.
- If additional funds have appreciated, an expert can make appropriate calculations and determine what remains separate property and what is considered marital.
Do you have a premarital retirement account that you are looking to protect? Contact dedicated Saratoga Divorce Attorney Jean Mahserjian for help.
This educational video was brought to you by Jean Mahserjian, an experienced Saratoga Divorce Attorney in Clifton Park.