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.
1 Answer from Attorneys
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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