Legal Question in Family Law in Wisconsin

I've been married 5 years and at the early stages of divorce. What right does either party have to 401k accounts? Is there a length of time the marriage needs to last in order for law to divide these accounts equally in WI? My spouse seems to think that 5 years is not a long enough time to be married to divide accounts. Thanks in advance.

Asked on 10/20/10, 1:54 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Any assets are presumed marital regardless of the term of marriage,. The only excluded assets are those that are statutorially determined to be non-marital. Ingheritance would be such a category. Everything else is capable of division. A party who is able to demonstrate that the acquisition and preservation of an asset was not due to marital effort, may seek a greater share of that asset. However, most certainly any value in a 401K that was accrued during the marriage would be considered marital and divisible.

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Answered on 10/28/10, 12:51 pm

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