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What if one spouse accumulated some of his/her 401(k) account prior to marriage? Is that spouse entitled to the premarital portion of that money?

April 26, 2017account accumulated entitled k marriage portion premarital prior spouse

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What if one spouse accumulated some of his/her 401(k) account prior to marriage? Is that spouse entitled to the premarital portion of that money?

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Typically, the premarital portion of a retirement account is not included as part of property division at the time of the divorce. The court, however, has the power to divide the account as it sees fit based on the facts and circumstances of each case and the factors cited above.