401K division in Massachusetts

MathForPay · 2022-08-10T14:36:08+00:00

I am in a similar position with different numbers. I’m in a one-pot state. Using some rounded and fictional numbers:

I entered the marriage with 401k balance of $200k. After one year of marriage, we are divorcing and the 401k balance is $300k. By default, the entire $300k balance is divisible 50/50. It’s up to me to make the argument for why it should be the $100k accumulation that’s divisible 50/50.

In my state, the length of marriage is not a factor. If this gets in front of a judge, ultimately it’s down to what he ate for lunch that day. My state is actually equitable distribution, so he could also rule that because of the brief marriage I should just keep the entire 401k.

Didn’t I say length of marriage is not a factor? Yes. This is why attorneys prefer a negotiated settlement all the time.

pk2at · 2022-08-10T15:17:09+00:00

Unfortunately there is too much discretion judges have. Not much can be done at this point unless you can negotiate with ex. For future this could have been avoided, if the 401K was put in a trust prior to marriage. You would get entire $1M

gnackered · 2022-08-10T13:17:30+00:00

Say you worked 5 years and the day you got married your 401(k) had 100K in it. Then you got married and it grew to $1M. 900K is the marital asset. At division she gets $450k, you get $550k.

Mind you, if you had put the 100K into an irrevocable trust it probably would have grown to 300K and you would be splitting 700K, but you didn't put it into a trust, so here you are.

If you owned a rental house that was paid off on the data of marriage that was worth $250K and grew to $500K - depending on your state you might be able to argue that its growth was not a marital asset, but that is not your set of facts.

upvotersfortruth · 2022-08-10T14:07:04+00:00

Seems like the judges in MA have the discretion to disregard the pre/non-marital nature of a portion of a 401(k). Which seems pretty odd.

BosPatriot71 · 2022-08-10T15:11:51+00:00

Also in MA. Haven’t filed but have talked with a lawyer. He told me 50/50 no matter how much I had before marriage. I’ve come to learn that MA is very harsh on primary breadwinners.

dday_throwaway3 · 2022-08-10T16:03:18+00:00

>The judge said that because there was no prenup, the full value should be divided 50/50.

Oof. The judge has wide latitude from the bench. Don't kick yourself for not having a prenup, as prenups can be easily set aside as well for a multitude of reasons.

Title	401K division in Massachusetts
Author	Own-Cabinet-8616
Upvotes	2
Comments	14
Date	August 10, 2022 12:33 PM UTC (3 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/wkwa4w/401k_division_in_massachusetts/
Archive Link	https://theredarchive.com/r/Divorce_Men/401k-division-in-massachusetts.1126910 https://theredarchive.com/post/1126910

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