As an experienced Saratoga Divorce Attorney, clients often ask how a retirement account is divided if it was started before the marriage.
- 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.