In a Maryland divorce, what retirement assets are nonmarital property?
A. Any pension, retirement, profit sharing, or deferred compensation plan or account acquired before marriage, by inheritance or gift from a third party, excluded by valid agreement, or traceable to any of these sources is nonmarital property. So, for example, payments made toward a 401K prior to marriage are nonmarital property. So, too, the increase in 401K’s value during marriage which is “directly traceable” to the portion acquired prior to marriage is nonmarital property.
