Virginia  |  Family Law

Legal Question

Asked on: 4/11/05, 3:33 pm

Deferred compensation plans

Are #457 & $401 non qualified/qualified ,deferred compensation plans considered community property and therefore considered marital assets?.

3 Answers


Answered on: 4/11/05, 3:35 pm by Shane Jimison

Re: Deferred compensation plans

Virginia is not a community property state, the plans may, however fall under the classification of marital property.


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Jimison/Homiller, PLC 3108 N. Parham Rd., Ste. 600-B Richmond, VA 23294

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Answered on: 4/11/05, 4:45 pm by Wayne Comer

Re: Deferred compensation plans

Any deferred compensation plan, qualified or not, will be subject to Virgina Equitable Distribution Code Section. The fraction of that asset which is

deemed "marital property" is the ratio of the time frame it existed during the marriage to the

time frame when it existed outside of the time the parties are married. A further factor is what value was added during the time it co-existed with the marriage. This is not an area of law for amateurs. It is somewhat of a legal quagmire.


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Wayne E. Comer, Esquire P.O. Box 207 Dunn Loring, VA 22027

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Answered on: 4/11/05, 10:14 pm by Fred Kaufman

Re: Deferred compensation plans

The amount of deferred compensation earned during the marriage is marital property and divisible through Equitable Distribution.


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Fredrick S. Kaufman, Esquire P.O. Box 4241 Glen Allen, VA 23058

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